Patna High Court
Deepak Kumar @ Deepak SahniversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Deepak Kumar, sought bail in an NDPS case (Case No. 101 of 2025) for alleged possession of 6.04 grams of contraband, charged under Sections 8(c) and 21(b) of the NDPS Act. The prosecution argued the seizure was valid and highlighted three prior criminal cases against the petitioner. The defence contended that the petitioner was innocent, the seizure violated Section 105 of the Bihar Narcotic Substances Act, and the quantity seized was far below commercial levels. After hearing both sides, the court considered the procedural lapse, the small quantity involved, and the petitioner’s custodial status since 19‑12‑2025. The court ordered that bail be granted on a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Principal Sessions Judge.
Issues considered
- Whether bail can be granted under the NDPS Act for possession of 6.04 grams of contraband.
- Whether the seizure complied with Section 105 of the Bihar Narcotic Substances Act.
- Whether the petitioner’s prior criminal antecedents preclude bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 8(c)
Subjects
- bail
- NDPS Act
- drug possession
- seizure procedure
- criminal antecedent
- Section 105 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13610 of 2026
Arising Out of PS. Case No.-142 Year-2025 Thana- MANJHAUL District- Begusarai
======================================================
Deepak Kumar @ Deepak Sahni S/o Suresh Sahni R/o Village - Manjhaul,
Bichkhana Tola, Ward No.- 10, Panchayat - 3, P.S- Manjhaul, District -
Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nakul Kumar Jamuar, Advocate
For the Opposite Party/s : Mr. Prem Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 12-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with N.D.P.S. Case No. 101 of 2025 arising out of Manjhaul P.S.
Case No. 142 of 2025 registered for the offence punishable
under Sections 8(c), 21(b) of the N.D.P.S. Act.
3. The case of the prosecution, in short, is that from
the possession of this petitioner, altogether 6.04 gram of smack
like contraband was recovered.
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
Patna High Court CR. MISC. No.13610 of 2026(3) dt.12-03-2026
2/2
possession of this petitioner. The witnesses of the seizure list are
police personnel and the police has not complied with Section
105 of the BNSS while making the seizure. He further submits
that the alleged recovery of contraband is though more than
small quantity but is much less than commercial quantity.
Petitioner is languishing in judicial custody since 19.12.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of three cases.
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
Principal Sessions Judge, Begusarai in connection with N.D.P.S.
Case No. 101 of 2025 arising out of Manjhaul P.S. Case No. 142
of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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