Patna High Court
Avinash RajversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court held that, given the procedural irregularities and the small quantity involved, the petitioner is entitled to regular bail.
Summary
The petitioner, Avinash Raj, was charged under Sections 8(c) and 21(b) of the NDPS Act for allegedly possessing 2.5 grams of brown sugar. He contended that the seizure was unlawful because the police failed to comply with Section 50 of the NDPS Act and Section 105 of the Bihar Narcotic Substances Act, and that the quantity recovered was below the threshold for a ‘small quantity’. The petitioner also highlighted his clean record and that he had been in judicial custody since 21 January 2026. The State opposed the bail application, arguing the seriousness of the offence. After considering the procedural lapses, the small quantity involved, and the petitioner’s lack of antecedents, the Court granted regular bail on a bond of Rs 10,000 with two sureties.
Issues considered
- Whether regular bail should be granted in an NDPS case involving alleged possession of a small quantity of contraband.
- Whether non‑compliance with Section 50 of the NDPS Act and Section 105 of the Bihar Narcotic Substances Act invalidates the seizure and warrants bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21, 50, 8
Subjects
- bail
- NDPS Act
- small quantity
- procedural lapse
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17683 of 2026
Arising Out of PS. Case No.-16 Year-2026 Thana- SOHSARAI District- Nalanda
======================================================
Avinash Raj S/o- Rampravesh Sharma @ Ram Pravesh Sharma @
Ramperwesh Sharma R/v- Ranabigha Kosuk Ps- Deepnagar Dist- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vipin Kumar Singh, Advocate
For the Opposite Party/s : Mr. Surendra Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 24-06-2026 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) and
21(b) of the NDPS Act.
3. The case of the prosecution, in short is that from
the pocket of this petitioner, altogether 2.5 grams of brown
sugar were recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
been falsely implicated in this case. Nothing has been recovered
from his possession. Police has not complied Section 50 of the
N.D.P.S. Act while searching the body of the petitioner. It has
further been submitted that the witnesses of the seizure list are
Patna High Court CR. MISC. No.17683 of 2026(4) dt.24-06-2026
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police personnel. Police has not complied Section 105 of the
B.N.S.S. while making the seizure. It has also been submitted
that the alleged recovery of contraband is less than small
quantity. Petitioner is having no criminal antecedent and he is
languishing in judicial custody since 21.01.2026.
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
Sohsarai P.S. Case No. 16 of 2026 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned CJM, Biharsharif at Nalanda.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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