Patna High Court

RamBabu KumarversusThe State of Bihar

Decided: 23 March 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted bail to the petitioner.

Summary

RamBabu Kumar was arrested in connection with a case registered under Sections 8 and 20(b)(ii)(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for alleged possession of 2.63 grams of ganja recovered from a rented room. The petitioner contended that the seized contraband was not in his possession, that the police failed to comply with Section 105 of the Bihar Narcotic Substances (Control) Act during the seizure, and that he has no prior criminal record, having been in judicial custody since 28 January 2026. The State opposed bail, arguing the seriousness of the offence under the NDPS Act. After hearing both sides, the Court examined the procedural compliance of the seizure and the petitioner’s personal circumstances. Concluding that the procedural lapse and lack of antecedents warranted relief, the Court ordered the petitioner to be released on bail upon furnishing a bond of Rs. 10,000 with two sureties.

Issues considered

Whether bail should be granted to the accused in a case under Sections 8 and 20(b)(ii)(b) of the NDPS Act.
Whether the seizure complied with the procedural requirements of Section 105 of the Bihar Narcotic Substances (Control) Act.
Whether the petitioner’s lack of criminal antecedent and custodial duration justify bail.

Legislation cited

Bihar Narcotic Substances (Control) Act — s. 105
Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(b), 8

Subjects

bail
NDPS Act
possession of narcotics
seizure procedure
Section 105
judicial custody
criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17605 of 2026
                     Arising Out of PS. Case No.-96 Year-2026 Thana- SHASTRINAGAR District- Patna
                 ======================================================
                 RamBabu Kumar S/o Surendra Prasad R/o- Kinjar P.s- Kinjar Dist- Arwal, At
                 Present Durga Ashram Gali, Shekhpura More, Tenant Of Shakuntala Devi,
                 W/o- Late Lalbabu P.s- Shastri Nagar, Dist- Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ghanshyam Tiwary, Advocate
                 For the Opposite Party/s :       Mr. Murli Dhar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   23-03-2026               Heard learned counsel for the petitioner and learned APP

                   for the State.

                                2. The petitioner has prayed for bail in connection

                   with Shastri Nagar P.S. Case No. 96 of 2026 registered for the

                   offence punishable under Sections 8, 20(b)(ii)(b) of the N.D.P.S.

                   Act.

                                3. The case of the prosecution, in short, is that from a

                   rented room of this petitioner altogether, 2.63 grams of ganja

                   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.17605 of 2026(2) dt.23-03-2026
                                                       2/2




                     possession of this petitioner. He also submits that 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 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 28.01.2026.

                                  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 District

                     & Sessions Judge-cum-Special Judge, N.D.P.S. Act, Patna in

                     connection with Shastri Nagar P.S. Case No. 96 of 2026.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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