Patna High Court
Abhimanyu Kumar @ Body Guard @ Sonu @ MonuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court inclined to grant bail to the petitioner.
Summary
The petitioner was arrested in connection with a case alleging possession of a country-made pistol, two live cartridges, and 13.15 kg of ganja, and was charged under Sections 20 and 22 of the NDPS Act and Sections 25(1‑B)a and 26 of the Arms Act. The petitioner claimed innocence, stating that no incriminating material was found on his person, that the seized narcotics were below commercial quantity, and that statutory conditions for bail under Sections 42, 50 of the NDPS Act and Section 103 of the BNSS, 2023 were not met. The State opposed the bail application. The court considered the nature of the alleged offences, the quantity of narcotics, the period of custody since 30‑08‑2024, and the petitioner’s criminal antecedents, and decided to grant bail with a bond of Rs.15,000 and two sureties, subject to conditions regarding family surety and appearance in court.
Issues considered
- Whether bail should be granted to the petitioner despite charges under the NDPS and Arms Acts.
- Whether the quantity of seized narcotics falls within the definition of commercial quantity under Section 37 of the NDPS Act.
- Whether the statutory requirements of Sections 42 and 50 of the NDPS Act and Section 103 of the BNSS, 2023 have been satisfied for bail.
Legislation cited
- Arms Act — s. 25(1-B)a, 26
- BNSS, 2023 — s. 103
- NDPS Act — s. 20, 22, 37, 42, 50
Subjects
- bail
- NDPS Act
- Arms Act
- commercial quantity
- criminal antecedents
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16381 of 2026
Arising Out of PS. Case No.-505 Year-2024 Thana- BIDUPUR District- Vaishali
======================================================
Abhimanyu Kumar @ Body Guard @ Sonu @ Monu S/o Ajay Rai @ Late
Anjay Ray @ Anjay Ray R/o Village - Jadua Chiknauta, P.S - Hajipur Nagar,
District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
Ms. Harsha Shashwat, Advocate
For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-03-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Bidupur PS Case No. 505 of 2024 instituted for the offences
under Sections 20 & 22 of the NDPS Act and Sections 25(1-B)a
& 26 of the Arms Act.
3. Prosecution allegation, in short, is that there is
recovery of one country made pistol along with two live
cartridges as also 13.15 Kg ganja from the possession of the
petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.16381 of 2026(2) dt.13-03-2026
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present case. Charge-sheet been submitted in this case. No
incriminating material has been recovered from the conscious
possession of the petitioner. Learned counsel for the petitioner
further submits that petitioner has no concern either with the
recovered arms or with the recovered contraband. The recovered
contraband is below the commercial quantity. Hence, Section 37
of the N.D.P.S. Act is not applicable in the present case. The
petitioner is in custody since 30.08.2024 and has got five
criminal antecedents. There is no compliance of Sections 42
and 50 of the N.D.P.S. Act. There is no compliance of Section
103 of the BNSS, 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, recovery below commercial quantity and the period
of custody undergone by the petitioner, this Court is inclined to
grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Bidupur PS Case
No. 505 of 2024, subject to the following conditions:
Patna High Court CR. MISC. No.16381 of 2026(2) dt.13-03-2026
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(I) One of the bailors shall be own/close member of the
family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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