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Patna High Court

Raju KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                                        2/2




                      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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