Patna High Court
Aditya Kumar @ Aditaya KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted bail to the petitioner subject to monetary and personal surety conditions.
Summary
Aditya Kumar was arrested in connection with an NDNDPS case for possession of 23.47 grams of a smokelike substance, which is below the commercial quantity threshold. The petitioner argued that the seizure lacked an independent witness, violating mandatory search procedures, and had been in custody since August 2025 after an earlier bail application was withdrawn. The State opposed bail. The High Court considered the small quantity, the procedural lapse, and the earlier liberty to renew the bail prayer after charge framing. It ordered that the petitioner be released on bail upon furnishing a Rs.10,000 bond with two sureties, subject to conditions including a parent as a surety and cancellation if he commits a similar offence. The bail was granted, and the case will continue in the successor court.
Issues considered
- Whether bail should be granted in an NDPS case where the seized quantity is below commercial quantity
- Whether the absence of an independent witness to the search and seizure invalidates the prosecution's case
- Whether the petitioner is entitled to renew his bail application after charge framing
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii), 22(a), 8
Subjects
- NDPS Act
- bail
- quantity below commercial threshold
- search and seizure
- procedural lapse
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19026 of 2026
Arising Out of PS. Case No.-328 Year-2025 Thana- BEGUSARAI TOWN District- Begusarai
======================================================
Aditya Kumar @ Aditaya Kumar S/O Rajendra Paswan R/O Mohalla- Old
Fish Market, (purani machhli bazar), Ward No.- 31, P.S.- Town (Nagar),
District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Sandip Kumar Gautam, Advocate
For the State : Mrs. Pushpa Sinha-1, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 03-04-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 8, 20(b), (ii) and 22 (a) of
the NDPS Act.
3. The petitioner has renewed his prayer for bail
as the earlier application for bail of the petitioner was dismissed
as withdrawn vide order dated 17.02.2026 passed in Cr. Misc.
No.78136 of 2025 (Annexure-1) by this Court with a liberty to
renew the prayer after framing of charge.
4. 23.47 grams of smack like substance is said to
have been recovered from the possession of the petitioner.
5. It is submitted by learned counsel for the
Patna High Court CR. MISC. No.19026 of 2026(2) dt.03-04-2026
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petitioner that the charges have been framed on 24.02.2026, as
stated in para-11 of this application. It is further submitted that
the recovery of so-called smack from the petitioner is of 23.47
grams, which is much less than commercial quantity. It is also
submitted that there is no independent witness to the search and
seizure violating the mandatory provisions of search and
seizure. The petitioner is languishing in custody since
12.08.2025.
6. Learned APP for the State opposed the bail
petition.
7. Taking into consideration the facts and
circumstances of the case as also the fact that the petitioner was
earlier granted the liberty to renew the prayer after framing of
charge coupled with the fact that the recovered article is not
under the commercial quantity, the above named petitioner 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 the learned Court below
where the case is pending/successor Court in connection with
NDPS Case No.53 of 2025, arising out of Town P.S. Case
No.328 of 2025, subject to the following conditions:
(i) One of the bailors would be the father/ mother.
Patna High Court CR. MISC. No.19026 of 2026(2) dt.03-04-2026
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(ii) If the petitioner is found to be involved in any
other similar nature of the offence in future, the learned Court
concerned would be at liberty to cancel the bail bonds of the
petitioner.
(Soni Shrivastava, J)
Trivedi/-
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