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Patna High Court

Avinash RajversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                                        2/2




                      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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