Patna High Court
Ravi Kumar @ RaviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Ravi Kumar, was charged under Section 317(5) of the Bihar Narcotic Substances Act and Sections 8(c) and 21(b) of the NDPS Act for allegedly possessing 12.68 grams of a narcotic substance seized by police. He contended that the seizure was illegal because the mandatory provisions of Section 105 of the BNS Act and Section 50 of the NDPS Act were not complied with, and that no independent witness corroborated the police seizure list. The petitioner also highlighted his claim of innocence, his three prior criminal antecedents, and pointed to a similar co‑accused who had been granted bail in a prior order. The State opposed the bail application, arguing the seriousness of the offence and the quantity seized. The Court, after considering the procedural lapses, the relatively small quantity (less than commercial quantity), and the precedent, ordered the release of the petitioner on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether regular bail should be granted in an NDPS case involving 12.68 grams of contraband.
- Whether the seizure complied with the procedural requirements of Section 105 of the BNS Act and Section 50 of the NDPS Act.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
- Whether the earlier bail order to a similarly situated co‑accused is persuasive authority.
Legislation cited
- Bihar Narcotic Substances Act — s. 105, 317(5)
- Narcotic Drugs and Psychotropic Substances Act — s. 21(b), 50, 8(c)
Subjects
- bail
- NDPS Act
- Narcotic Substances
- seizure procedure
- quantity of narcotics
- criminal antecedents
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12452 of 2026
Arising Out of PS. Case No.-580 Year-2025 Thana- AHIYAPUR District- Muzaffarpur
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Ravi Kumar @ Ravi S/O Late Ramlal Malik R/O Village- Shekhpura Dhab,
P.S- Ahiyapur, Distt.- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manjeet Kumar Mishra, Advocate
For the Opposite Party/s : Mr.Nirmal Kumar Sinha, 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 317 (5) of
the BNS and Section 8 (c) and 21 (b) of the NDPS Act.
3. The case of the prosecution, in brief, is that a total
of 12.68 grams of smack-like contraband was allegedly
recovered from the possession of the petitioner.
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
nothing has, in fact, been recovered from the conscious
possession of the petitioner. It is further contended that the
witnesses to the seizure list are all police personnel and no
independent witness has been associated. It is further submitted
Patna High Court CR. MISC. No.12452 of 2026(3) dt.08-04-2026
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that the mandatory provisions of Section 105 of the B.N.S.S. as
well as Section 50 of the N.D.P.S. Act have not been complied
with at the time of seizure. It is also 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
24.04.2025 and has three criminal antecedents. It is further
submitted that a similarly situated co-accused has been granted
bail by this Court vide order dated 15.09.2025 vide Cr. Misc.
No. 60789 of 2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. 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 Ahiyapur P.S. Case No. 580 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
Special Judge, Exclusive Special Court No. 1, (NDPS),
Muzaffarpur.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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