Patna High Court
Amit Kumar Sah @ FantusversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court held that bail should be granted, subject to a bond of Rs.10,000 and two sureties of the same amount.
Summary
The petitioner, Amit Kumar Sah, was arrested in Beldaur for alleged possession of 105 grams of a smack-like substance, charged under Section 223 of the Bharatiya Nyaya Sanhita, 2023 and Section 21(b) of the NDPS Act. He contended that the substance was not in his conscious possession, that the seizure violated procedural safeguards under Section 103 of the B.N.S. and Section 50 of the NDPS Act, and that the quantity was below commercial levels. The State opposed bail, arguing the seriousness of the offence. The court examined the procedural lapses, the modest quantity, and the petitioner’s clean record, and decided to grant bail. Bail was ordered on the condition of a Rs.10,000 bond and two sureties of equal amount, to be approved by the Special Judge (NDPS) in Khagaria.
Issues considered
- Whether bail should be granted in a case of alleged possession of narcotic substance under Section 223 B.N.S. and Section 21(b) NDPS Act.
- Whether violations of Section 103 B.N.S. and Section 50 NDPS Act, and lack of independent witness to the seizure list, warrant bail.
- Whether the quantity of the seized substance being less than commercial quantity influences the bail decision.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 223
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 50
Subjects
- bail
- narcotic drugs
- possession
- procedural violation
- NDPS Act
- Bharatiya Nyaya Sanhita
- quantity
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14713 of 2026
Arising Out of PS. Case No.-10 Year-2026 Thana- BELDOUR District- Khagaria
======================================================
Amit Kumar Sah @ Fantus, S/o Ashok Sah, R/o Phulwari, Ward no. 11, P.S.-
Beldaur, Distt.- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Siddhartha Prasad, Adv.
Mr. Om Prakash Kumar, Adv.
Mr. Shashank Shekhar, Adv.
Mr. Rahul Kumar, Adv.
Mr. Shantam Kriti, Adv.
For the Opposite Party/s : Mr. Nagendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and
learned A.P.P for the State.
2. The petitioner seeks bail in connection with
Beldaur P.S. Case No. 10 of 2026 dated 10.01.2026
registered for the offence punishable under Sections 223 of
the Bharatiya Nyaya Sanhita, 2023 and Section 21(b) of the
N.D.P.S. Act.
3. The allegation is recovery of 105 gm of smack
like substance from the pocket of the petitioner.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in
this case. It is submitted that nothing has been recovered
from the conscious possession of the petitioner. There is no
Patna High Court CR. MISC. No.14713 of 2026(2) dt.12-03-2026
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independent witness to the seizure list and there is complete
violation of Section 103 of the B.N.S.S. and Section 50 of
the N.D.P.S. Act. It is further submitted that the seized
contraband like substance is much less than commercial
quantity. The petitioner is in custody since 11.01.2026,
having no criminal antecedent and charge-sheet has been
submitted in the case.
5. Learned A.P.P for the State opposes the prayer
for bail of the petitioner.
6. Having considered the facts and circumstances
of the case and submissions of learned counsel for the
parties, let the petitioner be released on bail upon furnishing
bail bonds of Rs. 10,000/- (ten thousand) with two sureties
of the like amount each to the satisfaction of the learned
Special Judge (N.D.P.S.), Khagaria in connection with
Beldaur P.S. Case No. 10 of 2026.
(Khatim Reza, J)
prabhat/-
U T
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