Patna High Court
Ujjawal Kumar Singh @ UjjawalversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, finding the circumstances sufficient to justify release.
Summary
Ujjawal Kumar Singh was arrested in connection with a seizure of 8.33 kg of ganja from a tempo where he was a passenger. He was charged under Sections 8(c), 20(b)(II)(B) and 22(b) of the NDPS Act. The petitioner argued that no contraband was recovered from his possession, that the seizure violated Section 105 of the BNSS, and that he was merely a passenger with no criminal antecedent. The State opposed regular bail. Considering the lack of direct possession, procedural lapses, the quantity being less than commercial, and the petitioner’s clean record, the court granted regular bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner, as a passenger, is liable for bail under the NDPS Act for the seized quantity
- Whether the seizure complied with Section 105 of the BNSS
- Whether the quantity seized warrants denial of bail under the NDPS Act
Legislation cited
- Bihar Narcotic Substances (BNSS) Act — s. 105
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(II)(B), 22(b), 8(c)
Subjects
- NDPS Act
- bail
- drug seizure
- passenger liability
- Section 105 BNSS
- quantity of narcotics
- procedural lapse
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13772 of 2026
Arising Out of PS. Case No.-158 Year-2025 Thana- BALIA BELON District- Katihar
======================================================
Ujjawal Kumar Singh @ Ujjawal Son of Late Dev Narayan Singh RO
Mohalla - Nayatola Anytola, P.S. - Nagar Hajipur, Dist. - Vaishali Permanent
R/o Mohalla - Fatehbad P.S. - Peru, District - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashutosh Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Satyendra Prasad, 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 regular bail in a case
registered for the offence punishable under Sections 8(c), 20(b)
(II)(B) 22 (b) of the NDPS Act.
3. The case of the prosecution, in short, is that a
tempo was intercepted by police. On the back seat of the said
tempo, the petitioner along with one lady was sitting and it is
alleged that from possession of this petitioner altogether 8.33 kg
of ganja was recovered.
4. Learned counsel for the petitioner submits that
nothing has been recovered from the possession of this
petitioner. Learned counsel for the petitioner has further
submitted that the witnesses of the seizure list are police
Patna High Court CR. MISC. No.13772 of 2026(2) dt.12-03-2026
2/2
personnel and police have not complied Section 105 of the
BNSS while making seizure. Learned counsel for the petitioner
has further submitted that petitioner was only a passenger in that
tempo and he has falsely been implicated in this case. It has
further been submitted by learned counsel that alleged recovery
of contraband is though more than small quantity but is much
less than the commercial quantity. Learned counsel for the
petitioner has further submitted that the petitioner is having no
criminal antecedent and he is in judicial custody since
12.10.2025.
5. Learned APP appearing for the state has 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 Balia Belon P.S. Case No. 158 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
Session Judge, Katihar.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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