Patna High Court
Narayan KushwahaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Narayan Kushwaha, was arrested as the driver of an auto from which police recovered 9.9 kg of ganja and 300 g of charas, leading to charges under sections 20(b)(ii)(c), 23(c), 25 and 29 of the NDPS Act. He contended that he was falsely implicated, that the contraband belonged to a passenger who fled, and that the seizure was conducted without any independent witnesses and in violation of Section 105 of the Bihar Narcotic Substances Act. The State opposed bail, citing the quantity seized—more than a small amount but less than a commercial quantity—and the petitioner’s prior criminal case. The court examined the procedural deficiencies and the petitioner’s claim of innocence, and, considering the circumstances, decided to grant regular bail. He was released on a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Exclusive Special Judge, NDPS, Bettiah.
Issues considered
- Whether bail should be granted in an NDPS case where the seized quantity exceeds the small‑quantity threshold but is below commercial quantity
- Whether the alleged non‑compliance with Section 105 of the Bihar Narcotic Substances Act warrants denial of bail
- Whether the petitioner’s role as driver and lack of conscious possession affect bail eligibility
Legislation cited
- Bihar Narcotic Substances Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20, 23, 25, 29
Subjects
- bail
- NDPS Act
- drug seizure
- procedural lapse
- driver
- contraband
- Section 105
- small quantity
- commercial quantity
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12451 of 2026
Arising Out of PS. Case No.-162 Year-2025 Thana- SIKTA District- West Champaran
======================================================
Narayan Kushwaha S/o Prabhunath Prasad R/o Village - Haripur, Purainiya,
P.S - Sikta, District - West Champaran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bimlesh Kumar Pandey, Advocate
For the Opposite Party/s : Mr.Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 08-04-2026 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 20 (b) (ii)
(c), 23 (c), 25 and 29 of the NDPS Act.
3. The case of the prosecution, in brief, is that a total
of 9.9 kg of ‘ganja’ and 300 grams of ‘charas’ were allegedly
recovered from an auto.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that the
petitioner is merely the driver of the said vehicle and that the
alleged contraband belonged to the passenger, who fled away
from the spot. It is further submitted that nothing has been
Patna High Court CR. MISC. No.12451 of 2026(3) dt.08-04-2026
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recovered from the conscious possession of the petitioner.
5. It is also contended that the witnesses to the
seizure list are all police personnel, and no independent witness
has been associated with the seizure. It is further submitted that
the mandatory provisions of Section 105 of the B.N.S.S. have
not been complied with during the course of seizure. It is
further argued that although the alleged recovery is more than
small quantity, it is much less than the commercial quantity. The
petitioner is in custody since 18.11.2025 and has criminal
antecedent of one case.
6. Learned A.P.P. has vehemently opposed the prayer
for bail.
7. Considering the aforesaid 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 Sikta P.S. Case No. 162 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
Exclusive Special Judge, NDPS, Bettiah, West Champaran.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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