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Patna High Court

Mohit KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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