Patna High Court
Shiv Shankar BhartiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Shiv Shankar Bharti was charged under sections 8(c) and 21(b) of the NDPS Act for allegedly possessing 15.73 grams of smack. He applied for regular bail, claiming innocence, lack of conscious possession, and that the recovery was made by police officers without compliance with Section 105 of the Bihar Narcotic Substances Act. The State opposed bail, citing the offence and the petitioner’s prior criminal antecedent and his custody since 9 October 2025. The court examined the quantity, the procedural lapses, and the petitioner’s circumstances, and concluded that bail could be granted. Accordingly, the petitioner was released on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted in an NDPS case involving 15.73 grams of narcotic substance under sections 8(c) and 21(b).
- Whether non‑compliance with Section 105 of the Bihar Narcotic Substances Act warrants denial of bail.
- Whether the absence of conscious possession and the fact that police personnel were the only witnesses affect the bail decision.
- Whether the petitioner’s prior criminal antecedent and period of custody preclude the grant of 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
- Section 105
- police witnesses
- criminal antecedent
- quantity of narcotic
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14502 of 2026
Arising Out of PS. Case No.-228 Year-2025 Thana- KURSAILA District- Katihar
======================================================
Shiv Shankar Bharti S/O Bablu Bhagat @ Babloo Bhagat R/O Rajendra Prak
Dumariya, P.S.- Kursela, District- Katihar.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar Pandey, Advocate
Mr. Sanjay Kumar Ojha, Advocate
Mr. Ved Prakash Chandan, Advocate
For the Opposite Party/s : Mr.Murli Dhar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 18-04-2026 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) and
21 (b) of the NDPS Act.
3. The case of the prosecution, in short, is that a total
of 15.73 grams of smack was allegedly recovered from the
possession of the petitioner.
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
the petitioner. It is further submitted that the witnesses to the
Patna High Court CR. MISC. No.14502 of 2026(3) dt.18-04-2026
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seizure list are police personnel only, and there has been non-
compliance with Section 105 of the BNSS. It has also been
contended that the alleged recovery of contraband, though more
than a small quantity, is much less than the commercial quantity.
It is further submitted that the petitioner has one criminal
antecedent and is in custody since 09.10.2025.
5. Learned APP for the State has vehemently opposed
the prayer for 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 Special NDPS Case No. 132 of 2025
arising out of Kursela P.S. Case No. 228 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 District and
Session Judge, Katihar.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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