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Patna High Court

Ankit Kumar Singh @ Ankit Singh @ Ankit KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The bail application was rejected.

Summary

Ankit Kumar Singh was arrested in connection with a case under the NDPS Act for alleged possession of 258.75 grams of contraband, alleged to be a commercial quantity. The petitioner claimed innocence, arguing that the seizure was not made in compliance with Section 105 of the Bihar Narcotic Substances Act and that nothing was recovered from his possession. The State highlighted the petitioner’s prior criminal antecedent and the seriousness of the quantity seized, noting that the investigation was ongoing. After hearing both sides, the Court found that the circumstances did not warrant bail at this stage, especially given the commercial quantity and pending charge sheet. Consequently, the bail application was rejected, with the petitioner allowed to reapply after the charge sheet is filed.

Issues considered

  • Whether bail should be granted under the NDPS Act for alleged possession of a commercial quantity of narcotics.
  • Whether non‑compliance with Section 105 of the Bihar Narcotic Substances Act vitiates the seizure and affects bail eligibility.
  • Impact of the petitioner’s prior criminal antecedent on the bail decision.

Legislation cited

Subjects

  • NDPS Act
  • bail
  • commercial quantity
  • seizure procedure
  • Section 105
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15412 of 2026
                   Arising Out of PS. Case No.-345 Year-2025 Thana- BEGUSARAI MUFFASIL District-
                                                        Begusarai
                 ======================================================
                 Ankit Kumar Singh @ Ankit Singh @ Ankit Kumar Son of Ram Vinay Singh
                 @ Ram Bijay Singh Resident of village - Lawagaon @ Nayagaon, Police
                 Station - Nayagaon, District - Begusarai.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shashi Dhar Jha, Advocate
                 For the Opposite Party/s :      Mr. Sanjay Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   20-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with N.D.P.S. Case No. 86 of 2025 arising out of Begusarai

                   Muffasil P.S. Case No. 345 of 2025 registered for the offence

                   punishable under Sections 8(c) and 21(c) of the N.D.P.S. Act.

                                3. The case of the prosecution, in short, is that from

                   the possession of this petitioner altogether, 258.75 grams of

                   smack-like contraband were 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
           Patna High Court CR. MISC. No.15412 of 2026(3) dt.20-04-2026
                                                       2/2




                     possession of the petitioner. The witnesses of the seizure list are

                     police personnel and the police has not complied with Section

                     105 of the BNSS while making the seizure. Moreover, the

                     petitioner is languishing in judicial custody since 23.11.2025

                                  5. The application for bail is opposed by learned APP

                     for the State and submits that the petitioner has criminal

                     antecedent of one case. He also submits that in this case,

                     commercial quantity of the contraband has been recovered and

                     the investigation is still under progress.

                                  6. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     not inclined to enlarge the petitioner on bail at this stage,

                     however the petitioner will be at liberty to renew his prayer for

                     bail after submission of chargehseet.

                                  7. Accordingly, the present bail application stands

                     rejected.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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