Patna High Court

Ravi KumarversusThe State of Bihar

Decided: 24 March 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted bail to the petitioner in the NDPS case.

Summary

Ravi Kumar was arrested in connection with NDNDPS Case No. 68 of 2025 for alleged possession of 200 grams of a contraband resembling 'smack' recovered from his bike. The petitioner claimed he was falsely implicated, asserted that no contraband was actually found on him, and argued that the police failed to comply with Section 105 of the NDPS Act during the seizure. He also highlighted his clean criminal record and that he had been in judicial custody since 2 October 2025. The State opposed bail, citing the nature of the offence and the quantity involved, which exceeds the 'small quantity' threshold. After hearing both sides, the Court decided to grant bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Principal Sessions Judge.

Issues considered

Whether bail should be granted in an NDPS case where the alleged quantity exceeds the statutory 'small quantity' but is less than a commercial quantity
Whether non‑compliance with Section 105 of the NDPS Act during seizure warrants bail
Whether the petitioner’s clean antecedent and custodial duration affect the bail decision

Legislation cited

Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 105, 21(c), 22(c), 8

Subjects

NDPS Act
bail
drug offence
seizure procedure
Section 105
small quantity
commercial quantity
criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18661 of 2026
                     Arising Out of PS. Case No.-286 Year-2025 Thana- SAHEBPUR KAMAL District-
                                                        Begusarai
                 ======================================================
                 Ravi Kumar S/O Shikant Prasad Yadav @ Shivkant Yadav R/O Village-
                 Raghunathpur, P.S.- Sahebpur Kamal, Distt.- Begusarai
                                                                              ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ranjeet Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Tapeshwar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   24-03-2026                  Heard learned counsel for the petitioner and the learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection with

                   NDPS Case No. 68 of 2025 arising out of Sahebpur Kamal P.S.

                   Case No. 286 of 2025 registered for the offence punishable under

                   Sections 8/21(c)/22(c) of the NDPS Act.

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

                   bike of this petitioner, altogether 200 grams of smack like

                   contraband 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 police

                   personnel and the police has not complied with Section 105 of the
           Patna High Court CR. MISC. No.18661 of 2026(2) dt.24-03-2026
                                                       2/2




                     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, 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

                     02.10.2025.

                                  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 Principal

                     Sessions Judge, Begusarai in connection with NDPS P.S. Case

                     No. 68 of 2025 arising out of Sahebpur Kamal P.S. Case No. 286

                     of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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