Patna High Court
Gautam KumarversusThe state of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court ordered the release of the petitioner on regular bail.
Summary
Gautam Kumar was arrested in connection with a case registered under the Arms Act and the NDPS Act, with the prosecution alleging recovery of 24 grams of smack from his pocket. The petitioner contended that no contraband was actually recovered and that the police failed to comply with Sections 50 and 52 of the NDPS Act, also arguing that the quantity seized was far below commercial levels. He had been in judicial custody since 3 November 2025 and sought regular bail. The State opposed the bail application. Considering the facts, procedural lapses, and the relatively small quantity involved, the court granted regular bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail can be granted in a case involving alleged possession of narcotics and arms under the NDPS Act and Arms Act
- Whether the alleged non‑compliance with Sections 50 and 52 of the NDPS Act warrants bail
- Whether the quantity of narcotic seized (24 gm) is sufficient to deny bail
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 35
- Narcotic Drugs and Psychotropic Substances Act — s. 21(b), 50, 52, 8(c)
Subjects
- bail
- NDPS Act
- Arms Act
- procedural compliance
- possession of narcotics
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16455 of 2026
Arising Out of PS. Case No.-312 Year-2025 Thana- SAHEBPUR KAMAL District-
Begusarai
======================================================
Gautam Kumar S/O Sagar Rai @ Sagar Yadav R/O Vill - Ward No - 3,
Raghunathpur Raghunathpur Karari, P.S - Sahebpur Kamal,Dist- Begusarai
... ... Petitioner/s
Versus
The state of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pritish Kumar Lal, Advocate
For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 16-03-2026 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 25(1-B)a,
26 & 35 of the Arms Act and under Sections 8(c) and 21(b) of
the Narcotic Drugs and Psychotropic Substances Act.
3. The case of the prosecution, in short, is that
altogether 24 gm of smack was recovered from the pocket of the
petitioner.
4. Learned counsel for the petitioner submits that
nothing has been recovered from the possession of this
petitioner. Learned counsel for the petitioner has further
submitted that the witnesses of the seizure list are police
Patna High Court CR. MISC. No.16455 of 2026(2) dt.16-03-2026
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personnel and police has not complied Sections 50 and 52 of the
NDPS Act. It has further been submitted that alleged recovery
of contraband is though more than small quantity but is much
less than commercial quantity. Learned counsel for the
petitioner has submitted that the petitioner is in judicial custody
since 03.11.2025.
5. Learned APP appearing for the state has opposed
the prayer of regular bail.
6. 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
bail in connection with Sahebpur Kamal P.S. Case No. 312 of
2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with
two sureties of the like amount each to the satisfaction of
learned District & Additional Sessions Judge- 1st-cum- Special
Judge (NDPS Act) & P.O. of Children court, Begusarai.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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