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Patna High Court

Dablu KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that bail should be granted as the alleged quantity does not attract the stringent provisions of Section 37 and the procedural deficiencies under Section 105 warrant relief.

Summary

The petitioners Dablu Kumar and Vishal Kumar sought regular bail in a case under the NDPS Act where 2.064 kg of ganja-like contraband was seized from a bag allegedly thrown by them. The prosecution alleged possession of the narcotic, while the petitioners claimed innocence, asserting that the bag did not belong to them and that the seizure was not made in conscious possession. They also contended that the mandatory requirements of Section 105 of the B.N.S.S. were not complied with and argued that the quantity, though exceeding the small‑quantity threshold, was far below the commercial quantity, rendering Section 37 of the NDPS Act inapplicable. The State opposed the bail application. The court, after considering these submissions, concluded that the procedural lapses and the nature of the quantity justified granting bail, and ordered the petitioners released on a bail bond of Rs.10,000 with two sureties each.

Issues considered

  • Whether regular bail can be granted under the NDPS Act when the alleged quantity exceeds the small‑quantity limit but is below commercial quantity.
  • Whether the seizure complied with the procedural requirements of Section 105 of the B.N.S.S.
  • Whether Section 37 of the NDPS Act is applicable to the present case.

Legislation cited

Subjects

  • NDPS Act
  • regular bail
  • quantity threshold
  • Section 37
  • Section 105
  • procedural lapse
  • narcotics

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21011 of 2026
                   Arising Out of PS. Case No.-7 Year-2026 Thana- HARSIDHI District- East Champaran
                 ======================================================
           1.     Dablu Kumar S/O Sanjay Mahto R/O Village- Visamra, Ward No.-6, P.S-
                  Majholiya, Distt.- West Champaran.
           2.     Vishal Kumar S/O Birendra Yadav @ Virendra Yadav R/O Village- Visamra,
                  Ward No.-6, P.S- Majholiya, Distt.- West Champaran.
                                                                             ... ... Petitioner/s
                                                     Versus
                 The State of Bihar Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Abhishek Kumar, Advocate
                 For the Opposite Party/s :       Mr.Madhuri Lata, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   02-04-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners have prayed for regular bail in a

                   case registered for the offence punishable under sections 20 (b)

                   (ii) (c), 23 (c), 29, 25 and 22 (c) of the NDPS Act.

                                3.     The prosecution case, in brief, is that a bag,

                   alleged to have been thrown by the petitioner, was recovered,

                   from which a total of 2.064 kg of ganja-like contraband was

                   seized.

                                4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated in

                   connection with the present case. It is further submitted that

                   nothing has been recovered from the conscious possession of
            Patna High Court CR. MISC. No.21011 of 2026(2) dt.02-04-2026
                                                        2/2




                      the petitioners. It is further submitted that the bag, from which

                      the alleged recovery has been made, does not belong to the

                      petitioners. It is also submitted that the witnesses to the seizure

                      list are police personnel and that the mandatory provisions of

                      Section 105 of the B.N.S.S. have not been complied with. It is

                      further contended that although the alleged recovery is more

                      than the small quantity, it is much less than the commercial

                      quantity; as such, the rigours of Section 37 of the N.D.P.S. Act

                      would not apply.

                                   5. Learned A.P.P. has opposed the prayer for bail.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, this court is inclined to enlarge the petitioners on

                      bail. The above named petitioners are directed to be released on

                      bail in connection with Harsidhi P.S. Case No. 7 of 2026 on

                      furnishing bail bond of Rs.10,000/- (ten thousand) each with

                      two sureties of the like amount each to the satisfaction of

                      learned Sessions Judge/Special Judge, East Champaran,

                      Moitihari.



                                             (Ashok Kumar Pandey, J)
Jagdish/-

U       T


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