Patna High Court
Mohit KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner subject to a bond and conditions.
Summary
Mohit Kumar was arrested in connection with a case registered under Sections 8(c) and 21(b) of the NDPS Act, alleging the recovery of 1,027 gm of smack from his possession. The petitioner contended that no contraband was actually seized and that the police failed to comply with Section 105 of the BNSS while making the seizure, also arguing that the quantity was below the threshold of a ‘small quantity’. He had been in judicial custody since 19 January 2026 and the State opposed bail, citing five prior criminal cases. After hearing both sides, the Court granted bail on the condition that the petitioner would not commit similar offences, requiring a bail bond of Rs 10,000 with two sureties of the same amount. The order was directed to be implemented by the Principal District and Sessions Judge, Jehanabad.
Issues considered
- Whether bail can be granted in an NDPS case where a large quantity of narcotics is alleged to have been seized
- Whether the alleged non‑compliance with Section 105 of the BNSS vitiates the seizure and affects bail eligibility
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail
Legislation cited
- BNSS — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21, 8
Subjects
- bail
- NDPS Act
- seizure procedure
- prior criminal antecedent
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20444 of 2026
Arising Out of PS. Case No.-57 Year-2026 Thana- JAHANABAD District- Jehanabad
======================================================
Mohit Kumar S/o Dharmendra Prasad Resident Of Village- Panch Mohalla,
Ps- Jehanabad, Dist- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nityanand Neeraj, Advocate
Ms. Anjani Sinha, Advocate
For the Opposite Party/s : Mr. Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 24-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Jehanabad P.S. Case No.57 of 2026 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 1027 gm of smack was recovered form the possession
of the petitioner.
4. Learned counsel appearing on behalf of the
petitioner has submitted that nothing has been recovered from
the possession of the petitioner. It has been submitted that the
witnesses of the seizure list are police personnel and police have
not complied Section 105 of the BNSS while making seizure. It
Patna High Court CR. MISC. No.20444 of 2026(4) dt.24-06-2026
2/2
has been submitted that the alleged recovery of contraband is
less than small quantity. It has further been submitted that the
petitioner is in judicial custody since 19.01.2026.
5. The application for bail is opposed by learned APP
for the State. He has submitted that the petitioner is having
criminal antecedent of five 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 with the condition that
the petitioner shall not indulge in similar nature of offences in
future. 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 Principal District and
Sessions Judge, Jehanabad in connection with Jehanabad P.S.
Case No. 57 of 2026.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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