Patna High Court
Manohar KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
Manohar Kumar was arrested in connection with a case registered under the NDPS Act for alleged possession of 19.66 grams of smokeless tobacco (referred to as "smack"). The prosecution claimed the seized quantity was recovered from the petitioner, while the petitioner contended he was innocent, that the seizure violated Section 105 of the Bihar Narcotic Substances Act, and that the amount was far below commercial quantity. He also highlighted his lack of prior criminal record and his continued judicial custody since 3 January 2026. After hearing both sides, the Court found merit in the petitioner's arguments and ordered his release on bail. The bail was conditioned on a bond of Rs.10,000 with two sureties of equal amount, subject to the satisfaction of the Special Judge, NDPS, Patna.
Issues considered
- Whether bail should be granted in an NDPS case involving possession of 19.66 grams of narcotic substance.
- Whether the seizure complied with the procedural requirements of Section 105 of the Bihar Narcotic Substances Act.
- Whether the quantity seized qualifies as a commercial quantity warranting denial of bail.
Legislation cited
- Bihar Narcotic Substances (Control) Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(B), 8(C)
Subjects
- bail
- NDPS Act
- drug possession
- procedural violation
- Section 105
- commercial quantity
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16530 of 2026
Arising Out of PS. Case No.-1 Year-2026 Thana- RAJIVNAGAR District- Patna
======================================================
Manohar Kumar S/o Randheer Rai Resident of - Sherpur Pokhra, P.S - Maner,
District - Patna, presently residing at - PWD, Jhoparpatti, P.S - Rajeev Nagar,
District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Asfar Imam, Advocate
For the Opposite Party/s : Mr. Abhay Kumar Roy, 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 Rajeev Nagar P.S. Case No. 01 of 2026 registered for the
offence punishable under Sections 8(C), 21 (B) of the N.D.P.S.
Act.
3. The case of the prosecution, in short, is that from
the possession of this petitioner, altogether 19.66 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. He also submits that nothing has been recovered from the
Patna High Court CR. MISC. No.16530 of 2026(2) dt.13-03-2026
2/2
possession of this petitioner. The witnesses of the seizure list are
police personnel and the police has not complied with Section
105 of the BNSS, while making the seizure. He further submits
that the alleged recovery of contraband is though more than
small quantity but is much less than commercial quantity.
Moreover, a statement has been made in para 3 of the petition
that petitioner has no criminal antecedent and he is languishing
in judicial custody since 03.01.2026.
5. The application for bail is opposed by learned APP
for the State.
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 Special
Judge, NDPS, Patna in connection with Rajeev Nagar P.S. Case
No. 01 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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