Patna High Court
Raju KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Raju Kumar was arrested in connection with the possession of 21.15 grams of heroin and charged under sections 8(c), 21(b), 29 of the NDPS Act and section 111(2)(b) of the Bihar Narcotic Substances Act. The petitioner claimed innocence, alleging that no contraband was recovered from him and that the police failed to prepare a proper seizure list as required under section 105 of the BNSS. He had been in judicial custody since 18‑12‑2025. The State opposed regular bail, while the petitioner’s counsel argued that the quantity, though more than a small amount, was far below commercial quantity and that procedural lapses justified bail. After hearing both sides, the court granted regular bail on a bond of Rs.10,000 with two sureties, directing release subject to the satisfaction of the Sessions Judge.
Issues considered
- Whether regular bail should be granted in an NDPS case involving possession of 21.15 grams of heroin.
- Whether the alleged procedural irregularities in preparing the seizure list under section 105 of the BNSS warrant bail.
Legislation cited
- Bihar Narcotic Substances Act (BNS) — s. 105, 111(2)(b)
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 29, 8(c)
Subjects
- bail
- NDPS Act
- narcotics
- seizure procedure
- small quantity
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19066 of 2026
Arising Out of PS. Case No.-698 Year-2025 Thana- BIDUPUR District- Vaishali
======================================================
Raju Kumar Son of Kedar Ray Resident of Village- Chakwara, P.S.- Hajipur
Town, Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aniket Singh, Advocate
For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 20-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 8(c), 21(b),
29 of the NDPS Act and Section 111(2)(b) of BNS.
3. The case of the prosecution is that from the
possession of this petitioner altogether 21.15 grams of heroin
was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that nothing has been
recovered from the possession of the petitioner. He has been
falsely implicated. There is no independent witness of the
seizure list. Police has not followed Section 105 of BNSS while
Patna High Court CR. MISC. No.19066 of 2026(3) dt.20-04-2026
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preparing the seizure list. Though the alleged contraband is
more than small quantity but is much less than commercial
quantity. Moreover, the petitioner is languishing in judicial
custody since 18.12.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular 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 released on bail in connection with
Bidupur P.S. Case No. 698 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Sessions cum Special Judge
NDPS Act, Vaishali at Hajipur.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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