Patna High Court
Aash Bahadur RaiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
Aash Bahadur Rai was arrested after police claimed to have recovered 12 grams of brown sugar from his pocket and charged him under sections 8(c) and 21(b) of the NDPS Act. The petitioner contended that he was innocent, that the contraband was not in his conscious possession, and that the seizure was recorded only by police officers without any independent witness, also alleging non‑compliance with Section 105 of the Bihar Narcotic Substances Act. The State opposed bail. Considering the arguments and the fact that the quantity was far below commercial levels, the Court decided to grant regular bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount to the Sessions Judge cum Special Judge, NDPS Act, Araria.
Issues considered
- Whether bail should be granted in an NDPS case involving 12 grams of contraband
- Whether the seizure and alleged possession were lawfully established
- Whether non‑compliance with Section 105 of the Bihar Narcotic Substances Act affects bail eligibility
Legislation cited
- Bihar Narcotic Substances Act — s. 105
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 8(c)
Subjects
- NDPS Act
- bail
- possession
- seizure
- small quantity
- Section 105
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12554 of 2026
Arising Out of PS. Case No.-39 Year-2025 Thana- Basmatia District- Araria
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Aash Bahadur Rai Son of Dhan Bahadur Rai Resident of Village - Deurali
Dharan, Ward no. 05, Police Station Sthai Chouki, Dist. - Sunsari, Nepal.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumar Ravish, Advocate
For the Opposite Party/s : Mr.Lalan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 27-02-2026 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 NDPS Act.
3. The case of the prosecution, in brief, is that
altogether 12 grams of brown sugar was recovered from the
pocket 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 been recovered from his conscious possession. It is
further submitted that the witnesses to the seizure list are police
personnel and no independent witness has been associated with
Patna High Court CR. MISC. No.12554 of 2026(2) dt.27-02-2026
2/2
the alleged recovery. The police have also not complied with the
mandatory provisions of Section 105 of the B.N.S.S. It has
further been contended that the alleged contraband recovered
from the possession of the petitioner is more than small quantity
but much less than commercial quantity. Moreover, the
petitioner is languishing in judicial custody since 16.07.2025.
5. Learned A.P.P. vehemently opposes the prayer for
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 Basmatiya P.S. Case No. 39 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
Sessions Judge cum Special Judge, NDPS Act, Araria.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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