Patna High Court
Saurabh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Saurabh Kumar, applied for regular bail in a case under Sections 8(c) and 21(b) of the Narcotic Drugs and Psychotropic Substances Act, alleging that no contraband was recovered from his possession, only a mobile phone, while 7.91 grams were seized from another accused, Suman Kumar. The petitioner asserted that the quantity involved is far below commercial levels, he has no prior criminal record, and has been in judicial custody since 25 November 2025. The State opposed bail, arguing the seriousness of the offence. After hearing both sides, the Court considered the small quantity, lack of personal recovery, and the petitioner's clean antecedent, and decided to grant bail. He was ordered to be released on a bail bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the Principal Sessions Judge, Begusarai.
Issues considered
- Whether the petitioner is entitled to regular bail under the NDPS Act for alleged possession of a small quantity of contraband.
- Whether the absence of contraband from the petitioner's personal possession and his clean antecedent justify bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 8(c)
Subjects
- bail
- NDPS Act
- possession
- small quantity
- criminal antecedent
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12166 of 2026
Arising Out of PS. Case No.-132 Year-2025 Thana- MANJHAUL District- Begusarai
======================================================
Saurabh Kumar S/o- Nipun Singh @ Nipun Kumar R/v- Pubari Tola W.No-7,
Ps- Manjhaul Dist- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Keshab Raj, Advocate
Mr. Akash Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 18-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 8(c) and
21(b) of the N.D.P.S. Act.
3. The case of the prosecution, in short, is that from
possession of this petitioner and others altogether 7.91 gm. of
smack like contraband was recovered. It has further been
submitted that nothing has been recovered from the possession
of this petitioner. Actually only mobile was recovered from the
possession of this petitioner. Recovery was made from the
possession of one Suman Kumar.
4. Learned counsel for the petitioner submits that
Suman Kumar has already been granted bail by the learned Co-
Patna High Court CR. MISC. No.12166 of 2026(3) dt.18-03-2026
2/2
ordinate Bench vide Cr. Misc. No. 6553 of 2026. Learned
counsel for the petitioner has further submitted that in any view
of the matter recovery of alleged contraband is though more
than small quantity but is much less than the commercial
quantity. Learned counsel for the petitioner has further
submitted that the petitioner is having no criminal antecedent
and he is in judicial custody since 25.11.2025.
5. Learned APP for the State has vehemently opposed
the bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Manjhaul P.S. Case No. 132 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Principal Sessions Judge,
Begusarai.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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