Patna High Court
Krishna RamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
Krishna Ram was arrested in connection with a case alleging possession of 2.1 kg of ganja, charged under Sections 8, 20(b), ii(c) and 22 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The petitioner claimed he was falsely implicated, asserted that no seizure was made from his possession, and argued that the police failed to comply with Section 105 of the Bihar Narcotic Substances (Suppression) Act during the alleged seizure. He also highlighted his clean criminal record and that he had been in judicial custody since 16‑10‑2025. The State opposed the bail application. After hearing both sides, the Court found the circumstances sufficient to grant bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties to the satisfaction of the Sessions/Special Judge.
Issues considered
- Whether bail can be granted in an NDPS case involving 2.1 kg of ganja.
- Whether the alleged seizure complied with Section 105 of the Bihar Narcotic Substances (Suppression) Act.
- Whether the petitioner’s lack of prior criminal record and custodial duration justify bail.
Legislation cited
- Bihar Narcotic Substances (Suppression) Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20, 22, 8
Subjects
- bail
- NDPS Act
- possession of narcotics
- seizure procedure
- Section 105
- judicial custody
- clean criminal record
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12625 of 2026
Arising Out of PS. Case No.-606 Year-2025 Thana- CHHATAUNI District- East Champaran
======================================================
Krishna Ram Son of Late Rajman Ram Resident of Village- Netuapatti Bara
Bariyarpur, Ward No. 44, P.S.- Chhatauni, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 10-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Chhatauni P.S. Case No. 606 of 2025, N.D.P.S. G.R. Case
No. 146 of 2025 registered for the offence punishable under
Sections 8, 20(b), ii(c) and 22 of the N.D.P.S. Act.
3. The case of the prosecution, in short, is that 2.100
kg of Ganja was recovered from the possession of this
petitioner.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that nothing has been recovered from the
possession of this petitioner. The witnesses of the seizure list are
Patna High Court CR. MISC. No.12625 of 2026(2) dt.10-03-2026
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police personnel and the police has not complied with Section
105 of the BNSS while making the seizure. He also submits that
the alleged recovery of ganja is though more than small quantity
but is much less than commercial quantity. He further submits
that a statement has been made in para 3 of the petition that
petitioner has no criminal antecedent and he is languishing in
judicial custody since 16.10.2025.
5. The application for bail is opposed by learned APP
for the State.
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 enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Sessions Judge/ Special Judge, East Champaran, Motihari in
connection with Chhatauni P.S. Case No. 606 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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