Patna High Court
Sanjay Kumar @ Sanjay YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Sanjay Kumar, was arrested in a case registered under Section 21(b) of the NDPS Act after police claimed to have recovered 6.99 grams of brown sugar and 19.99 grams of ganja from his possession. The petitioner contended that he was innocent, that nothing was actually seized from him, and that the police failed to comply with Section 105 of the B.N.S.S. while making the seizure. The State opposed bail, citing a prior similar offence. After hearing both sides, the court considered the small quantity of drugs and the alleged procedural lapses and decided to grant regular bail, subject to a bond of Rs. 10,000 with two sureties. The petitioner was ordered to be released on bail pending further trial.
Issues considered
- Whether regular bail can be granted under Section 21(b) of the NDPS Act for alleged possession of a small quantity of narcotics.
- Whether the seizure complied with the procedural requirements of Section 105 of the B.N.S.S.
Legislation cited
Subjects
- bail
- NDPS Act
- drug possession
- small quantity
- procedural lapse
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16007 of 2026
Arising Out of PS. Case No.-9 Year-2026 Thana- PUNPUN District- Patna
======================================================
Sanjay Kumar @ Sanjay Yadav, S/o Girija Singh, R/o Village - Kalawan, P.S -
Kevda O.P Punpun, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Sinha, Advocate
For the Opposite Party/s : Mr.Anuj Kumar Shrivastava, 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 regular bail in a case
registered for the offence punishable under Section 21(b) of the
N.D.P.S. Act.
3. The case of the prosecution, in short, is that from
the possession of the petitioner, altogether 6.99 grams of brown
sugar and 19.99 grams of ganja 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. Nothing has been recovered from his possession. It has
further been submitted that the seizure list witnesses are police
personnel. Police has not complied Section 105 of the B.N.S.S.
Patna High Court CR. MISC. No.16007 of 2026(3) dt.20-04-2026
2/2
while making the seizure. It has further been submitted that as
far as the brown sugar is concerned, the alleged recovery is
though more than small quantity but is much less than
commercial quantity. As far as the ganja is concerned, the
alleged recovery is much below the small quantity. Petitioner is
languishing in judicial custody since 16.01.2026.
5. Learned APP appearing for the State has
vehemently opposed the application for bail and has submitted
that petitioner is having criminal antecedent of one case of
similar nature.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Sessions Judge/Special Judge (NDPS), Patna in connection with
Punpun P.S. Case No. 09 of 2026.
(Ashok Kumar Pandey, J)
lata/-
U T
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