Patna High Court
Prem Sagar Kumar @ Chhota BelaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner subject to a bond of Rs.10,000 with two sureties.
Summary
Prem Sagar Kumar was arrested in connection with NDPS Case No.185 of 2025 for alleged possession of 21 grams of contraband, alleged to be punishable under Sections 8(c) and 21(b) of the NDPS Act. The petitioner contended that no contraband was actually recovered and that the police failed to comply with Section 105 of the NDPS Act while making the seizure. He also argued that the quantity, though more than a small amount, was far below a commercial quantity and that he had been in judicial custody since 27‑10‑2025. The State opposed bail, highlighting the petitioner’s four prior criminal cases. After hearing both sides, the Court found merit in the procedural objections and the relatively small quantity, and ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail can be granted in an NDPS case where the alleged quantity is more than a small amount but less than a commercial quantity.
- Whether non‑compliance of Section 105 of the NDPS Act by the police during seizure warrants bail.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 105, 21(b), 8(c)
Subjects
- NDPS Act
- bail
- seizure
- Section 105
- quantity
- criminal antecedent
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19774 of 2026
Arising Out of PS. Case No.-153 Year-2025 Thana- Benibad District- Muzaffarpur
======================================================
Prem Sagar Kumar @ Chhota Bela Son of Upendra Singh Resident of village
- Piraunchha, P.S.- Benibad, District - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satyendra Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with NDPS Case No. 185 of 2025 arising out of Benibad P.S.
Case No. 153 of 2025 registered for the offence punishable
under Sections 8(c) and 21(b) of the NDPS Act.
3. The case of the prosecution, in short, is that
altogether 21 gm of smack like contraband was recovered from
the possession of this petitioner.
4. Learned counsel appearing on behalf of the
petitioner has submitted that nothing has been recovered from
the possession of this petitioner. Learned counsel for the
petitioner has submitted that the witnesses of the seizure list are
police personnel and police has not complied Section 105 of the
Patna High Court CR. MISC. No.19774 of 2026(2) dt.25-03-2026
2/2
BNSS while making 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. Learned
counsel for the petitioner has further submitted that the
petitioner is in judicial custody since 27.10.2025.
5. The application for bail is opposed by learned APP
for the State. It has further been submitted that the petitioner is
having criminal antecedent of four cases.
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 court of learned
Exclusive Special Judge-II, NDPS Muzaffarpur in connection
with NDPS Case No.185 of 2025 arising out of Benibad P.S.
Case No.153 of 2025.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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