Patna High Court
Rahul Kumar @ Gunjan SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner on the condition of a Rs.10,000 bond with two sureties.
Summary
The petitioner, Rahul Kumar, sought bail in a case (Hajipur Town P.S. Case No. 1268 of 2025) under the Narcotic Drugs and Psychotropic Substances (NDPS) Act for alleged offences under Sections 8(c), 21(b), 22 and 29. The prosecution alleged that 65.870 grams of heroin was recovered from a car owned by the petitioner. The petitioner contended that he had no possession of the contraband, was falsely implicated, and that the police had not complied with Section 105 of the Bihar Narcotic Substances Act while making the seizure. He also highlighted his clean record and that he had been in judicial custody since 16‑10‑2025. After hearing both sides, the Court found the circumstances sufficient to grant bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties to the Sessions‑cum‑Special Judge, NDPS Act, Vaishali.
Issues considered
- Whether bail can be granted in an NDPS case involving a quantity greater than a small amount but less than a commercial quantity.
- Whether the alleged seizure complied with the procedural requirements of Section 105 of the B.N.S.S.
- Whether the petitioner poses a flight risk or threat to the investigation.
Legislation cited
- B.N.S.S. — s. 105
- Narcotic Drugs and Psychotropic Substances Act — s. 21(b), 22, 29, 8(c)
Subjects
- bail
- NDPS Act
- drug seizure
- Section 105
- judicial custody
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18785 of 2026
Arising Out of PS. Case No.-1268 Year-2025 Thana- NAGAR District- Vaishali
======================================================
Rahul Kumar @ Gunjan Singh, Son of Baleshwar Singh, Resident of Village-
Jahanabad Nauru, P.S.- Paras Bigha, District- Jehanabad at present R/P-
Ranipur Rasalpur, Patna city, P.S.- Mehandigadh, Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Kumar, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, 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 Hajipur Town P.S. Case No. 1268 of 2025 registered for
the offence punishable under Sections 8(c), 21(b), 22 and 29 of
the N.D.P.S. Act.
3. The case of the prosecution, in short, is that
altogether 65.870 grams of heroin was recovered from a car.
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. Nothing has been recovered from his possession. He is
owner of the said car and he is not concerned in any way with
Patna High Court CR. MISC. No.18785 of 2026(2) dt.24-03-2026
2/2
the alleged recovery. The witnesses of the seizure list are police
personnel. Police has not complied Section 105 of the B.N.S.S.
while making the seizure. It has further been submitted that the
alleged recovery of contraband is though more than small
quantity but is much less than commercial quantity. Petitioner
is having no criminal antecedent and he is languishing in
judicial custody since 16.10.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for 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 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 Court
of Sessions-cum-Special Judge, NDPS Act, Vaishali at Hajipur
in connection with Hajipur Town P.S. Case No. 1268 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
Checking your session…