Patna High Court
Rajesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner, directing his release upon furnishing a bond of Rs.10,000 with two sureties.
Summary
Petitioner Rajesh Kumar was arrested in connection with the seizure of 100 grams of cannabis, a country‑made pistol and a live cartridge, alleged under sections 8(c) and 21(b) of the NDPS Act and sections 25(1‑B)(a), 26 and 35 of the Arms Act. He filed a petition for regular bail, contending that the seized items were not in his possession, that the police failed to comply with Section 105 of the Bihar Narcotic Substances Act while preparing the seizure list, and that the quantity involved was far below commercial levels. The petitioner also highlighted his clean criminal record, his prolonged pre‑trial detention since 2 November 2025, and the fact that a co‑accused in a similar case had already been granted bail. The State opposed the bail on the ground of the seriousness of the offences. After considering the arguments and the circumstances, the Court ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted in a case involving possession of narcotics and a firearm under the NDPS and Arms Acts.
- Whether the alleged procedural lapse in preparing the seizure list under Section 105 of the BNSS affects the bail application.
- Whether the quantity of narcotics seized (100 g) qualifies as ‘small quantity’ for the purpose of granting bail.
- Impact of the petitioner’s lack of prior criminal antecedent and prolonged pre‑trial detention on bail eligibility.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Bihar Narcotic Substances Act (BNSS) — s. 105
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 8(c)
Subjects
- bail
- NDPS Act
- Arms Act
- seizure procedure
- quantity of narcotics
- pre‑trial detention
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17510 of 2026
Arising Out of PS. Case No.-312 Year-2025 Thana- SAHEBPUR KAMAL District-
Begusarai
======================================================
Rajesh Kumar S/o Tufan Ray @ Tufani Ray Resident of Village -
Raghunathpur, Police Station.-Sahebpur Kamal, District-Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
For the Opposite Party/s : Mrs. Rina Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 01-05-2026 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 8(c)/21(b) of
the N.D.P.S. Act and Sections 25(1-B) a, 26 and 35 of the Arms
Act.
3. The case of the prosecution is that from the
possession of this petitioner, altogether 100 gram of smack along
with one country made pistol and one live cartridge was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that nothing has been
recovered from the possession of this petitioner. The witnesses of
the seizure list are police personnel and police has not followed
Section 105 of BNSS while preparing seizure list. Though the
Patna High Court CR. MISC. No.17510 of 2026(3) dt.01-05-2026
2/2
recovery of alleged contraband is more than small quantity but is
much less than commercial quantity as per NDPS Act. A statement
has been made in para-3 of this petition that the petitioner has got
no criminal antecedent. Moreover, he is languishing in judicial
custody since 02.11.2025. It has further been submitted that
similarly situated other co-accused person has already been
granted bail by this court vide Cr. Misc. No. 16455 of 2026.
5. Learned APP appearing for the State has vehemently
opposed the prayer of regular 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 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 and Additional
Sessions Judge-1st-cum Spl. Judge, N.D.P.S. Act and P.O. of
Children Court, Begusarai.
(Ashok Kumar Pandey, J)
Shubham/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.