Patna High Court
KARAN KUMARversusTHE STATE OF BIHAR
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner sought regular bail in a case under Sections 8(c) and 21(b) of the NDPS Act, where 2.37 grams of brown sugar were allegedly recovered from his pocket. He contended that he was innocent, that the seizure violated Section 50 of the NDPS Act and Section 105 of the Bihar Narcotic Substances Act, and that the quantity involved was small. The State opposed the bail application. The court examined the procedural lapses, the small quantity of contraband, and the petitioner's clean record and custodial duration since 21‑01‑2026. Finding merit in the petitioner's arguments, the court ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties. The bail order was directed to the Principal Sessions Judge‑cum‑Special Judge, Nalanda.
Issues considered
- Whether regular bail can be granted in an NDPS case involving a small quantity of narcotic substance.
- Whether non‑compliance with Section 50 of the NDPS Act and Section 105 of the Bihar Narcotic Substances Act warrants bail.
- Whether the petitioner’s lack of prior criminal record and custodial period affect the bail decision.
Legislation cited
- Bihar Narcotic Substances Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21, 50, 8
Subjects
- bail
- NDPS Act
- small quantity
- procedural lapse
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21466 of 2026
Arising Out of PS. Case No.-16 Year-2026 Thana- SOHSARAI District- Nalanda
======================================================
Karan Kumar, S/O Anil Yadav, R/O Vill.- Tikulipar, P.S.- Bihar, Dist.-
Nalanda.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Kishor Prasad, Advocate
For the Opposite Party/s : Mr. Mohammed Arif, 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 short is that from
the pocket of this petitioner, altogether 2.37 grams of brown
sugar were recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
been falsely implicated in this case. Nothing has been recovered
from his possession. Police has not complied Section 50 of the
N.D.P.S. Act while searching the body of the petitioner. It has
further been submitted that the witnesses of the seizure list are
Patna High Court CR. MISC. No.21466 of 2026(2) dt.06-04-2026
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police personnel. Police has not complied Section 105 of the
B.N.S.S. while making the seizure. It has also been submitted
that the alleged recovery of contraband is less than small
quantity. Petitioner is having no criminal antecedent and he is
languishing in judicial custody since 21.01.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
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 released on bail in connection with
Sohsarai P.S. Case No. 16 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 Principal Sessions Judge-
cum-Spl. Judge, Nalanda at Biharsharif.
(Ashok Kumar Pandey, J)
lata/-
U T
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