Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Chandan Kumar was arrested in connection with alleged offences under Sections 20, 21 and 22 of the NDPS Act and Sections 25(1‑b)(a), 26 and 35 of the Arms Act after 275 g of a brown‑sugar‑like substance was seized from his rented house. The forensic laboratory report indicated that only one exhibit (Exhibit D, 54 g) contained a narcotic, while the other exhibits contained paracetamol or morphine, and no narcotic was found in Exhibit E. The petitioner argued that he had no conscious possession, the seizure was made from a rented premises, and the police failed to comply with Section 105 of the Bihar Narcotic Substances Act, contending that the quantity was not commercial. Despite having four prior criminal cases and being in custody since 12‑Nov‑2025, the court considered the procedural lapses and the limited narcotic quantity and decided to grant regular bail on a bond of Rs 10,000 with two sureties. The petitioner was ordered to be released on bail pending further trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite alleged offences under the NDPS Act and Arms Act.
- Whether the absence of conscious possession and the seizure from a rented house justify granting bail.
- Whether non‑compliance with Section 105 of the Bihar Narcotic Substances Act by the police affects the bail decision.
- Whether the quantity of narcotic seized (54 g) falls within the ‘small quantity’ category for bail considerations.
Legislation cited
- Arms Act — s. 25(1-b)(a), 26, 35
- Bihar Narcotic Substances (Control) Act — s. 105
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20, 21, 22
Subjects
- regular bail
- NDPS Act
- Arms Act
- seizure of narcotics
- rented premises
- procedural lapse
- quantity of narcotic
- bail petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1579 of 2026
Arising Out of PS. Case No.-451 Year-2023 Thana- DANAPUR District- Patna
======================================================
Chandan Kumar Son of Late Baleshwar Rai Resident of Village -
Bhagwatipur, P.S. - Bihta, Distt. - Patna.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Yogesh Kumar, Advocate
For the Opposite Party/s : Mr.Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 01-04-2026 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 20, 21 and
22 of the NDPS Act and Section 25 (1-b) a, 26 and 35 of the
Arms Act.
3. The case of the prosecution, in brief, is that
altogether 275 grams of brown sugar-like contraband was
recovered from the rented house 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,
upon perusal of the seizure list, the alleged contraband
recovered from the rented house of the petitioner has been
Patna High Court CR. MISC. No.1579 of 2026(4) dt.01-04-2026
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marked as Exhibits A, B, C, D, and E. It is further submitted
that, as per the FSL report, the contents of Exhibits A1, B1, and
C1 revealed the presence of acetaminophen (paracetamol),
while morphine was detected in Exhibit B/1, and no narcotic
substance was detected in Exhibit E/1. It is contended that only
Exhibit D is the contraband, in view of the FSL report which,
according to the prosecution case, weighs 54 grams.
5. Learned counsel further submits that no recovery
has been made from the conscious possession of the petitioner,
as the alleged recovery was effected from a rented house. It is
also submitted that all the witnesses to the seizure list are police
personnel, and the police have not complied the mandatory
provisions of Section 105 of the B.N.S.S. It is further argued
that the alleged recovered quantity is more than small quantity
but significantly less than commercial quantity. The petitioner is
in custody since 12.11.2025 and has criminal antecedents of
four cases.
6. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
7. 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
Patna High Court CR. MISC. No.1579 of 2026(4) dt.01-04-2026
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bail in connection with Danapur P.S. Case No. 451 of 2023 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Exclusive Special Judge (NDPS Act), Patna/concerned Court.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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