Patna High Court
Raushan KumarversusThe Narcotics Control Bureau Patna thorugh its Intelligence Officer, Union of India
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted regular bail to the petitioner subject to a bail bond and sureties.
Summary
The petitioner, Raushan Kumar, applied for regular bail in a case registered under Sections 8(c) and 21(a) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for alleged possession of 11.49 grams of a smokable substance. The petitioner argued that the procedural requirements of Section 103 of the Bihar Narcotic Substances Act were not complied with, that the quantity was merely intermediary and far below commercial levels, and that there was no conscious possession or prior criminal record. The prosecution, represented by the Narcotics Control Bureau and the State of Bihar, opposed the bail on the ground of the seriousness of the offence. After hearing both sides and reviewing the record, the Court held that bail could be granted on condition of a bail bond of Rs.10,000 with two sureties of equal amount. Consequently, the bail application was allowed.
Issues considered
- Whether regular bail should be granted in a case under Sections 8(c) and 21(a) of the NDPS Act involving an intermediary quantity of narcotic substance.
- Whether the procedural requirements of Section 103 of the Bihar Narcotic Substances Act were complied with.
- Whether the petitioner’s lack of conscious possession and clean antecedent justify bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 103
- Narcotic Drugs and Psychotropic Substances Act — s. 21(a), 8(c)
Subjects
- bail
- NDPS Act
- drug possession
- intermediary quantity
- procedural lapse
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14257 of 2026
Arising Out of PS. Case No.-925 Year-2025 Thana- JAKKANPUR District- Patna
======================================================
Raushan Kumar S/o- Manoj Prasad Resident of New area Jakkanpur, Ward
no.. 18 P.S-Jakkanpur, Dist- Patna.
... ... Petitioner/s
Versus
1. The Narcotics Control Bureau Patna thorugh its Intelligence Officer, Union
of India Bihar
2. The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Usha Kumari Singh
For the Opposite Party/s : Mr.Dr.K.N.Singh (A.S.G.)
For the U.O.I. : Mr. Arvind Kumar, CGC
Mr. Lokesh, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 20-04-2026 Heard learned counsel for the petitioner, learned
counsel for N.C.B. and learned APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Jakkanpur P.S. Case No.
925 of 2025 dated 24.11.2025 registered for the offences
punishable under Sections 8(c) and 21(a) of N.D.P.S. Act.
3. As per the prosecution case, total 11.490 grams of
smack like substance has been recovered from the possession of
the petitioner.
4. Learned counsel for the petitioner has submitted
that the procedures prescribed under Section 103 B.N.S.S. has
not been followed. The amount of contraband substance is in
Patna High Court CR. MISC. No.14257 of 2026(3) dt.20-04-2026
2/2
intermediary quantity and much less than the commercial
quantity. Nothing has been recovered from the conscious
possession of the petitioner. The petitioner is stated to be in
custody since 25.11.2025 having no criminal antecedent. It has
further been submitted that the charge-sheet has been filed in
this case and there is no allegation of tampering with the
evidence. The petitioner undertakes to co-operate in the trial.
5. Learned A.P.P. for the State and learned counsel for
N.C.B. have vehemently opposed the prayer for bail of the
petitioner.
6. Heard the parties and perused the record as well as
considering the facts and circumstances of the case, the
petitioner above-named is directed to be enlarged on bail on
furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court concerned, Patna in connection with Jakkanpur
P.S. Case No. 925 of 2025.
7. The application stands allowed.
(Praveen Kumar, J)
shivam/-
U T
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