Patna High Court
Umanath MishraversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, directing him to furnish a bail bond with two sureties.
Summary
The petitioner, Umanath Mishra, sought regular bail in an NDPS case where the prosecution alleged that 2 kg of ganja-like substance was recovered from his possession. The petitioner claimed innocence, asserting that the seizure violated Section 105 of the Bihar Narcotic Substances Act and that no contraband was actually found on him. He also highlighted his lack of criminal antecedents and his prolonged pre‑trial detention since 16‑10‑2025. The State opposed the bail, citing the seriousness of the offence under Sections 8 and 20(b)(ii)(B) of the NDPS Act. After hearing both sides, the court found merit in the procedural objections and the petitioner’s circumstances, and ordered his release on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether regular bail can be granted in an NDPS case involving 2 kg of contraband.
- Whether the seizure complied with Section 105 of the Bihar Narcotic Substances Act.
- Whether the petitioner’s lack of criminal antecedents and prolonged custody justify bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)(B), 8
Subjects
- bail
- NDPS Act
- procedural lapse
- seizure
- pre‑trial detention
- quantity of contraband
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12899 of 2026
Arising Out of PS. Case No.-716 Year-2025 Thana- BIKRAMGANJ District- Rohtas
======================================================
Umanath Mishra S/o Late Girendra Mishra @ Virendra Mishra R/o Village -
Durgadih, P.S - Bikramganj, District - Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Pawan Kumar Chaurasia, 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 regular bail in a case
registered for the offence punishable under sections 8, 20(b)(ii)
(B) of the N.D.P.S. Act.
3. The case of the prosecution is that altogether 2 kg
of ganja like substance was recovered from the possession of
this petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
falsely been implicated in this case. Nothing has been recovered
from the possession of this petitioner. Learned counsel for the
petitioner has submitted that while making seizure, Section 105
of B.N.SS. has not been complied by the raiding party and the
Patna High Court CR. MISC. No.12899 of 2026(2) dt.10-03-2026
2/2
seizure list witnesses are police personnel. It has also been
submitted that though the quantum of the contraband which has
been recovered from the possession of this petitioner is more
than small quantity but is much less than commercial quantity.
Petitioner is having no criminal antecedent. Moreover, he is
languishing in judicial custody since 16.10.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular 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
Bikramganj P.S. Case No. 716 of 2025 (NDPS) 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,
Rohtas at Sasaram.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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