Patna High Court
Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court held that the petitioner is entitled to bail despite the NDPS charges, subject to a bond and sureties.
Summary
Suraj Kumar was arrested in connection with a Patliputra police case under Sections 8, 20(b) and 11(B) of the NDPS Act, where 1.250 kg of ganja was seized from him and a co‑accused. The petitioner contended that the seizure list did not specify the amount recovered from his possession and that the police failed to comply with Section 105 of the BNSS while making the seizure. He had been in judicial custody since 9 January 2026 and the State opposed bail on the ground of his prior criminal antecedents, including a similar NDPS case. The Court examined the procedural irregularities, the fact that the quantity was less than a commercial amount, and the petitioner’s custody status. Finding no compelling reason to deny bail, the Court ordered that the petitioner be released on a bail bond of Rs 10,000 with two sureties, subject to the conditions of the Special NDPS Judge.
Issues considered
- Whether bail can be granted to an accused under Sections 8, 20(b) and 11(B) of the NDPS Act when the seized quantity is less than commercial quantity
- Whether procedural lapses in the seizure (non‑compliance with Section 105 of the BNSS) affect the bail decision
- Impact of the petitioner’s prior criminal antecedents on the grant of bail
Legislation cited
- Bihar Narcotic Substances (Suppression) Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 11(B), 20(b), 8
Subjects
- bail
- NDPS Act
- seizure procedure
- Section 105 BNSS
- criminal antecedent
- quantity of narcotics
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16100 of 2026
Arising Out of PS. Case No.-21 Year-2026 Thana- PATLIPUTRA District- Patna
======================================================
Suraj Kumar Son of Rampreet Das @ Ram Prit Das R/o- Kutti Machine Gali,
Renter Of Badri Rai, P.S.- Patliputra, Dist-Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ghanshyam Tiwary, Advocate
For the Opposite Party/s : Ms. Renu Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 01-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Patliputra P.S. Case No.21 of 2026 registered for the
offence punishable under Sections 8, 20(b) and 11(B) of the
NDPS Act.
3. The case of the prosecution, in short, is that from
the possession of this petitioner and one Sameer, altogether
1.250 kg of ganja was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that nothing has been recovered from
the possession of the petitioner. Learned counsel for the
petitioner has submitted that the seizure list was jointly made
regarding both the accused persons and it is not clear from the
seizure list as to what amount of contraband was recovered from
the possession of this petitioner. It has further been submitted
that the witnesses of the seizure list are police personnel and
Patna High Court CR. MISC. No.16100 of 2026(3) dt.01-05-2026
2/2
police have not complied Section 105 of the BNSS while
making seizure. It has further been submitted that the alleged
recovery of contraband is though more than small quantity but is
much less than the commercial quantity. Learned counsel for the
petitioner has submitted that the petitioner is in judicial custody
since 09.01.2026.
5. The application for bail is opposed by learned APP
for the State. Learned APP has submitted that the petitioner is
having criminal antecedent of two cases out of which one case
is 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 court of learned
District and Sessions Judge-cum-Special Judge, N.D.P.S. Act,
Patna in connection with Patliputra P.S. Case No.21 of 2026.
(Ashok Kumar Pandey, J)
durgesh/-
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