Patna High Court
Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court ordered the release of the petitioner on regular bail.
Summary
Santosh Kumar was arrested in connection with a case under the NDPS Act (sections 8, 20(b)(ii)(c) and 29) after police claimed to have recovered 13.670 kg of ganja from his handbag. The petitioner contended that he was falsely implicated, that the contraband was not in his conscious possession, and that the seizure violated Section 105 of the Bihar Narcotic Substances (Control) Act. He also argued that the quantity, while more than a small amount, was far below commercial quantity and that he had no prior criminal record, having been in judicial custody since 16‑11‑2025. The State opposed the bail application. Considering the lack of antecedents, the procedural irregularities, and the quantity involved, the court granted regular bail on a bond of Rs.10,000 with two sureties, directing release to the satisfaction of the Special NDPS Judge.
Issues considered
- Whether regular bail can be granted in an NDPS case involving more than a small quantity of narcotics but less than commercial quantity
- Whether the alleged non‑compliance with Section 105 of the Bihar Narcotic Substances (Control) Act during seizure warrants bail
- Whether the petitioner’s claim of lack of conscious possession and absence of prior criminal record justify bail
Legislation cited
- Bihar Narcotic Substances (Control) Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(c), 29, 8
Subjects
- bail
- NDPS Act
- seizure procedure
- quantity of narcotics
- criminal antecedent
- Section 105 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13535 of 2026
Arising Out of PS. Case No.-665 Year-2025 Thana- GORAUL District- Vaishali
======================================================
Santosh Kumar S/O Rudal Ray R/O vill.- Mohanpur,P.S- Raghopur, Dist.-
Vaishali
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar, Advocate
For the Opposite Party/s : Mr.Anil Prasad Singh, 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) (c) and 29 of the NDPS Act.
3. The case of the prosecution is that from the
handbag of this petitioner altogether 13.670 K.G. of ‘ganja’ like
contraband was recovered.
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 the conscious possession of
this petitioner. It is further submitted that all the witnesses to the
seizure list are police personnel and police have not followed
Patna High Court CR. MISC. No.13535 of 2026(2) dt.10-03-2026
2/2
the provision of Section 105 of the BNSS while making the
seizure. It is further submitted that the alleged recovery of
contraband is though more than small quantity but much less
than commercial quantity. Moreover, the petitioner is
languishing in judicial custody since 16.11.2025 having no
criminal antecedent.
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 Goraul P.S. Case No. 665 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
Principal District & Sessions Judge/Special Judge NDPS,
Vaishali at Hajipur.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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