Patna High Court

Sujit KumarversusThe State of Bihar

Decided: 6 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted regular bail to the petitioner.

Summary

The petitioner, Sujit Kumar, was arrested in connection with the alleged recovery of 8 grams of heroin from a house he shared, and charged under sections 8(c) and 21(b) of the NDPS Act. He contended that he had no conscious possession, that the seizure was not made in compliance with Section 105 of the Bihar Narcotic Substances Act, and that the quantity, though above the small‑quantity threshold, was far below commercial quantity. The State opposed his request for regular bail, citing his custody since 15 January 2026 and a prior criminal antecedent. The Court examined the procedural lapse in seizure and the nature of the alleged offence, and decided to grant regular bail. The petitioner was released on a bail bond of Rs.10,000 with two sureties, subject to a condition that he not commit a similar offence in the future.

Issues considered

Whether the petitioner is entitled to regular bail under the NDPS Act for alleged possession of 8 grams of heroin.
Whether non‑compliance with Section 105 of the Bihar Narcotic Substances Act in the seizure affects the grant of bail.
Whether the petitioner’s prior criminal antecedent precludes the grant of bail.

Legislation cited

Bihar Narcotic Substances Act — s. 105
Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 8(c)

Subjects

bail
NDPS Act
drug possession
seizure procedure
Section 105
criminal antecedent
joint house
regular bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21408 of 2026
                         Arising Out of PS. Case No.-13 Year-2026 Thana- SAHPUR District- Patna
                 ======================================================
                 Sujit Kumar S/O Late Rajnath Rai Resident Of Village- Daudpur, P.s.-
                 Shahpur, Dist.- Patna
                                                                      ... ... Petitioner/s
                                               Versus
                 The State of Bihar Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Aryan Singh, Advocate
                 For the Opposite Party/s :        Mr.Chandra Bhushan Prasad, 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 regular bail in a case

                   registered for the offence punishable under sections 8 (c) and

                   21 (b) of the NDPS Act.

                                 3. The case of the prosecution, in brief, is that a total

                   of 8 grams of heroin was recovered from the house of the

                   petitioner.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in

                   connection with the present case. It is further submitted that

                   nothing has been recovered from the conscious possession of

                   the petitioner and that the alleged recovery has been made from

                   a joint house. It is further submitted that the witnesses to the

                   seizure list are police personnel and that the provisions of
            Patna High Court CR. MISC. No.21408 of 2026(2) dt.06-04-2026
                                                        2/2




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

                      making the seizure. It is further submitted that the alleged

                      recovery, though more than small quantity, is much less than the

                      commercial quantity. It is also submitted that the petitioner is in

                      custody since 15.01.2026 and has one criminal antecedent.

                                   5.     Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail.

                                   6. Considering the aforesaid facts and circumstances

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

                      bail. The above named petitioner is directed to be released on

                      bail in connection with Shahpur P.S. Case No. 13 of 2026 on

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

                      sureties of the like amount each to the satisfaction of learned

                      Sessions Judge/Special Judge (NDPS), Patna, subject to the

                      condition that the petitioner shall not indulge himself of similar

                      nature of offence in future.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T

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