Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted regular bail to the petitioner, holding that bail is appropriate despite the alleged possession and procedural deficiencies.
Summary
The petitioner, Sonu Kumar, was arrested in connection with a case registered under Sections 8(c) and 21(b) of the NDPS Act for allegedly possessing 46.70 grams of a smack-like substance. He contended that he was falsely implicated, that no contraband was actually recovered from him, and that the statutory procedure under Section 50 of the NDPS Act was not followed, arguing that the quantity involved is only an intermediary amount. The State opposed his bail. Considering the facts, the period of custody since 22 November 2025, and the alleged procedural lapses, the Court ordered that the petitioner be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties of the same amount. The bail application was therefore allowed.
Issues considered
- Whether bail can be granted under the NDPS Act for an alleged possession of 46.70 grams, which is an intermediary quantity.
- Whether the procedural requirements of Section 50 of the NDPS Act were complied with in the arrest and charge.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 21(b), 50, 8(c)
Subjects
- bail
- NDPS Act
- intermediary quantity
- regular bail
- Section 50 procedural lapse
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18887 of 2026
Arising Out of PS. Case No.-350 Year-2025 Thana- SIMRI BAKHTIYARPUR District-
Saharsa
======================================================
Sonu Kumar S/O Lalan Kumar @ Lalan Yadav R/O Village- Bhora, Bhaura,
P.S- Simri Bakhtiyarpur, District- Saharsa.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satish Kumar Singh, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Simri Bakhtiyarpur P.S.
Case No. 350 of 2025 dated 22.11.2025 registered for the
offences punishable under Sections 8(c) and 21(b) of the
N.D.P.S. Act.
3. As per the allegation, total 46.70 grams of smack
like substance has been recovered from the possession of the
petitioner.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
case. It has been further submitted that no contraband article has
Patna High Court CR. MISC. No.18887 of 2026(2) dt.25-03-2026
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been recovered from the possession of the petitioner. Moreover,
no procedure, as prescribed under Section 50 of N.D.P.S Act,
has been followed and the amount recovered from the
possession is intermediary quantity. It is further submitted that
petitioner is in custody since 22.11.2025, although he is accused
in one other case but not of similar nature.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case
as well as period of custody, the petitioner above-named, is
directed to be enlarged on bail on furnishing bail-bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Court concerned,
Saharsa in connection with Simri Bakhtiyarpur P.S. Case No.
350 of 2025.
7. The application stands allowed.
(Praveen Kumar, J)
shivam/-
U T
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