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Patna High Court

Umanath MishraversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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