Patna High Court
Dablu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- B.N.S.S. — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(c), 22(c), 23(c), 25, 29, 37
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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