Created by Fuzzy Cloud

Patna High Court

Suraj KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                                         2/2




                       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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.