Patna High Court
Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, directing the furnishing of a bail bond of Rs. 10,000 with two sureties.
Summary
Suraj Kumar was arrested in connection with a case under Sections 8(c) and 21(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act after police claimed to have recovered 4.11 grams of "smack" from his possession. The petitioner contended that the seizure was unlawful because the police did not comply with Section 105 of the B.N.S.S. and that the quantity recovered was below the threshold for a non‑bailable offence. He also asserted that he had no criminal antecedents and had been in judicial custody since 19 January 2026. The State opposed bail, arguing the materiality of the offence. After hearing both sides, the Court found merit in the petitioner's arguments, particularly the procedural lapse and the small quantity involved, and ordered that he be released on bail upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether bail can be granted in an NDPS case where the alleged quantity of narcotic is small and the seizure procedure violated Section 105 of the B.N.S.S.
Legislation cited
- B.N.S.S. — s. 105
- Narcotic Drugs and Psychotropic Substances Act — s. 21(b), 8(c)
Subjects
- bail
- NDPS Act
- small quantity
- procedural lapse
- Section 105
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16463 of 2026
Arising Out of PS. Case No.-57 Year-2026 Thana- JAHANABAD District- Jehanabad
======================================================
Suraj Kumar, Son of Late Moti Chaudhari @ Late Moti Chaudhari, R/M-
Panchmahalla, P.S.- Jehanabad, Distt- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kumar, Advocate
For the Opposite Party/s : Mr.Tarkeshwar Nath Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 13-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Jehanabad Town P.S. Case No. 57 of 2026 registered for
the offence punishable under Sections 8(c) and 21(b) of
N.D.P.S. Act.
3. The case of the prosecution, in short, is that from
the possession of this petitioner, 4.11 grams of smack was
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. He has
no concern with the alleged recovery. The witnesses of the
Patna High Court CR. MISC. No.16463 of 2026(2) dt.13-03-2026
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seizure list are police personnel. Police has not complied
Section 105 of the B.N.S.S. while making the seizure. It has
further been submitted that the alleged recovery is less than
small quantity. Petitioner is having no criminal antecedent and
he is languishing in judicial custody since 19.01.2026.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
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 Session
Judge, Jehanabad in connection with Jehanabad Town P.S. Case
No. 57 of 2026.
(Ashok Kumar Pandey, J)
lata/-
U T
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