Patna High Court
Rajesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, directing him to furnish a bail bond of Rs. 10,000 with two sureties.
Summary
Petitioner Rajesh Kumar was arrested in a narcotics case (NDPS Case No. 185 of 2025) after police claimed to have recovered 4.160 grams of a contraband resembling 'smack' from his possession. He was charged under Sections 8(c) and 21(b) of the Narcotic Drugs and Psychotropic Substances Act. The petitioner contended that he was innocent, that no contraband was actually recovered from him, that the seizure violated Section 105 of the BNSS, and that the quantity involved was below the threshold for a stringent bail denial. The State opposed bail, arguing the prosecution’s case. After hearing both sides, the Patna High Court found merit in the petitioner’s arguments, particularly the small quantity and alleged procedural lapse, and ordered that he be released on bail upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether bail should be granted in an NDPS case where the alleged quantity is small and the seizure may have violated Section 105 of the BNSS.
- Whether the petitioner’s lack of prior criminal antecedent and custodial duration justify bail under the NDPS Act.
Legislation cited
- BNSS — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21, 8
Subjects
- bail
- NDPS Act
- small quantity
- procedural lapse
- Section 105
- judicial custody
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13743 of 2026
Arising Out of PS. Case No.-153 Year-2025 Thana- Benibad District- Muzaffarpur
======================================================
Rajesh Kumar S/O Ram Ratan Singh R/O Village-Piraucha Pachhiyar Tola,
P.S-Benibad, Distt.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay, Advocate
For the Opposite Party/s : Mr. Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 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 NDPS Case No. 185 of 2025 arising out of Benibad P.S.
Case No. 153 of 2025 registered for the offence punishable
under Sections 8(c), 21(b) of the NDPS Act.
3. The case of the prosecution, in short, is that from
the possession of this petitioner, altogether 4.160 grams 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
possession of this petitioner. He also submits the witnesses of
Patna High Court CR. MISC. No.13743 of 2026(2) dt.12-03-2026
2/2
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 less than small quantity. Moreover, 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 28.10.2025.
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
Exclusive Special Judge-II (NDPS), Muzaffarpur in connection
with NDPS Case No. 185 of 2025 arising out of Benibad P.S.
Case No. 153 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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