Patna High Court
Sameer Kumar @ Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Sameer Kumar, was arrested in connection with a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act for alleged possession of 1.250 kg of ganja along with another individual. He filed a bail application asserting his innocence, claiming that no contraband was recovered from his possession and that the seizure violated Section 105 of the BNSS. The State opposed bail, highlighting the petitioner’s prior criminal antecedents in two other cases. The court examined the quantity, noting it exceeded the statutory ‘small quantity’ but was below the ‘commercial quantity’ threshold, and considered the alleged procedural lapse. After weighing the facts, the court granted bail on condition of a Rs.10,000 bond with two sureties, directing compliance with the District & Sessions Judge‑cum‑Special Judge, NDPS Act, Patna.
Issues considered
- Whether bail should be granted in an NDPS case where the seized quantity exceeds the small‑quantity threshold but is less than commercial quantity
- Whether non‑compliance with Section 105 of the BNSS during seizure warrants denial of bail
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(B), 8
Subjects
- bail
- NDPS Act
- drug possession
- procedural lapse
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18029 of 2026
Arising Out of PS. Case No.-21 Year-2026 Thana- PATLIPUTRA District- Patna
======================================================
Sameer Kumar @ Suraj Kumar Son of Ajay Kumar @ Ajay Kumar Yadav
R/o- Gosai Tola, Devi Asthan, P.s- Patliputra 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 : Mrs. Renu Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 24-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with B.P. No. 163 of 2026 arising out of Patliputra P.S. Case No.
21 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
the possession of the petitioner and one Suraj Kumar, altogether
1.250 kg 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
possession of this petitioner. The witnesses of the seizure list are
Patna High Court CR. MISC. No.18029 of 2026(2) dt.24-03-2026
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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, the petitioner is languishing in judicial custody since
09.01.2026.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of two cases.
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 Patliputra P.S. Case No. 21 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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