Patna High Court
Prince Saurav @ Kumar Prince SauravversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court ordered that the petitioner be released on bail upon furnishing the prescribed bond and sureties.
Summary
Prince Saurav was arrested in connection with a case where 39 kg of ganja was recovered from a Toyota car. He contended that he was merely a passenger, not the driver or owner, and that no narcotics were found in his possession. The petitioner argued that the police failed to comply with Section 105 of the Bihar Narcotic Substances Act during the seizure. The State opposed bail, citing six prior criminal cases against the petitioner. After hearing both sides, the Court granted bail on a bond of Rs.10,000 with two sureties, directing compliance with the Sessions Judge‑cum‑Special Judge (NDPS) in Sitamarhi.
Issues considered
- Whether bail should be granted to the accused under Sections 8 and 20(b)(ii)(C) of the NDPS Act.
- Whether the seizure complied with Section 105 of the Bihar Narcotic Substances Act.
- Whether the petitioner’s prior criminal antecedents preclude bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)(C), 8
Subjects
- bail
- NDPS Act
- drug seizure
- Section 105
- prior criminal antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20816 of 2026
Arising Out of PS. Case No.-266 Year-2025 Thana- SONBERSA District- Sitamarhi
======================================================
Prince Saurav @ Kumar Prince Saurav, S/O Late Murari Prasad, Resident of
Village -Rasalpur, P.S. Dumra, District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Sinha, Advocate
Mr. Md Fazle Karim, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Sonbarsa P.S. Case No. 266 of 2025 registered for the
offence punishable under Sections 8, 20(b)(ii)(C) of N.D.P.S.
Act.
3. The case of the prosecution, in short, is that from a
Toyota Car, altogether 39 Kg. of ganja was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He is neither the driver nor the owner of the vehicle. He
has only taken lift in that vehicle. He is not concerned in any
Patna High Court CR. MISC. No.20816 of 2026(2) dt.06-04-2026
2/2
with the alleged recovery. Nothing has been recovered from his
possession. The seizure list witnesses are police personnel.
Police has not complied Section 105 of the B.N.S.S. while
making the seizure. Petitioner is languishing in judicial custody
since 14.09.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail and has submitted
that petitioner is having criminal antecedent of six cases of
different nature.
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 learned
Sessions Judge-cum-Spl. Judge (NDPS), Sitamarhi in
connection with Sonbarsa P.S. Case No. 266 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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