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Patna High Court

Santosh Kumar @ LangaraversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Bail was not granted to the petitioner.

Summary

Santosh Kumar was arrested in connection with a case registered under Sections 8 and 20(b)(ii)B of the NDPS Act after a raid on his house recovered 7.6 kg of ganja. The prosecution alleged that the petitioner and his sister Guriya Devi had supplied the drug, while the petitioner claimed a clean antecedent and that he had been in custody since 13‑01‑2026. Earlier, an anticipatory bail application filed by the petitioner was withdrawn, though his sister was granted anticipatory bail. The petitioner sought regular bail, arguing that the quantity seized was not of commercial magnitude and that he was a first‑time offender. The court examined the seriousness of the offence, the quantity involved (more than a small amount but less than commercial) and the statutory maximum punishment of ten years. Concluding that the circumstances did not warrant release, the court refused bail, allowing the petitioner to re‑apply after charge‑framing. The bail petition was therefore dismissed.

Issues considered

  • Whether bail should be granted to a person accused under Sections 8 and 20(b)(ii)B of the NDPS Act when 7.6 kg of ganja has been seized
  • Whether the petitioner’s clean antecedent and the non‑commercial quantity of the drug justify bail

Legislation cited

Subjects

  • NDPS Act
  • bail
  • anticipatory bail
  • drug possession
  • quantity of narcotics
  • clean antecedent
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21151 of 2026
                     Arising Out of PS. Case No.-621 Year-2025 Thana- BIKRAMGANJ District- Rohtas
                 ======================================================
                 Santosh Kumar @ Langara Son of Late Bindeshwari Prasad R/o Village -
                 Dhangai, P.S. - Bikramganj, Dist. - Rohtas.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rajani Kant Singh
                 For the Opposite Party/s :       Mr.Ram Priya Sharan Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   11-05-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.    The petitioner seeks bail in connection with

                   Bikramganj P.S. Case No. 621 of 2025 registered for the

                   offences punishable under Sections Sections 8 and 20(b) (ii)B of

                   the NDPS Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and is in custody

                   since 13-1-2026 and the informant alleges that 255 grams Ganja

                   was recovered from the kiosk of Manoj, who was arrested, and

                   he disclosed that he had purchased ganja from the petitioner

                   and Guriya Devi, thereafter the house of the petitioner was

                   raided and 7.600 Kgs. of Ganja was recovered from the house.

                             4.    Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.21151 of 2026(2) dt.11-05-2026
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          Guriya Devi, who is own sister of the petitioner, and the

          petitioner had approached this Court seeking anticipatory bail

          by filing Cr. Misc No. 78839 of 2025 and the anticipatory bail

          with respect to the petitioner was withdrawn by an order dated

          6-1-2026 while Guriya Devi was granted the privilege of

          anticipatory bail.

                   5.     Learned A.P.P. for the State does not dispute the

          said submission of the learned counsel appearing on behalf of

          the petitioner but then submits that from perusal of the order

          dated 6-1-2026 in Cr. Misc No. 78839 of 2025, it would

          manifest that a detailed order was recorded that as to why

          anticipatory bail is being granted to Guriya Devi. It is next

          submitted that it was from house of this petitioner that 7.600 kg

          of ganja was recovered, on which the learned counsel appearing

          on behalf of the petitioner submits that even presuming what has

          been alleged is true without admitting then the recovery of ganja

          is less than commercial quantity, but then more than small

          quantity and the punishment prescribed is 10 years and the

          petitioner is a person with clean antecedent.

                   6.     After hearing the learned counsel for the parties,

          the Court is not inclined to release the petitioner on bail.

          Accordingly, the prayer for bail of the petitioner is rejected.
              Patna High Court CR. MISC. No.21151 of 2026(2) dt.11-05-2026
                                                          3/3




                                 7.     However, the petitioner would be at liberty to

                        renew his prayer for bail after framing of charge.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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