Patna High Court
Ramadhar PrasadversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to both petitioners.
Summary
The petitioners, Ramadhar Prasad and Raj Kumar Prasad, were charged under Section 111(2)(a) of the Bihar Narcotic Substances Act and Sections 20(B)II(a) and 22(a) of the NDPS Act for alleged possession of approximately 318.65 g and 327.5 g of ganja respectively. They contended that no contraband was actually recovered from them, that the seizure list was prepared by police without complying with Section 105 of the Bihar Narcotic Substances Act, that the quantity involved is small under the NDPS Act, and that they have no prior criminal record while being in judicial custody since 30‑12‑2025. The State opposed the bail application. After hearing both sides, the Patna High Court found the petitioners’ arguments persuasive and ordered that they be released on regular bail upon furnishing a bail bond of Rs 10,000 each with two sureties, subject to the satisfaction of the Sessions Judge cum Special Judge, NDPS Act, Patna.
Issues considered
- Whether regular bail should be granted to accused persons in an NDPS case involving alleged possession of contraband.
- Whether non‑compliance with Section 105 of the Bihar Narcotic Substances Act in preparing the seizure list warrants bail.
- Whether the quantity of ganja alleged to be recovered qualifies as a ‘small quantity’ under the NDPS Act for bail considerations.
- Whether the petitioners’ lack of prior criminal antecedent and prolonged pre‑trial detention justify bail.
Legislation cited
- Bihar Narcotic Substances (Control) Act — s. 105, 111(2)(a)
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(B)II(a), 22(a)
Subjects
- bail
- NDPS Act
- contraband
- seizure procedure
- small quantity
- pre‑trial detention
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21555 of 2026
Arising Out of PS. Case No.-621 Year-2025 Thana- PALIGANJ District- Patna
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1. Ramadhar Prasad S/o Late Ramdeo Prasad R/o- Ankha, Dulhin Bazar P.S-
Dulhin Bazar, Dist- Patna
2. Raj Kumar Prasad S/o Late Vishwanath Saw R/o Udaypur, Dhobiya Tola,
P.s.- Paliganj, Dist.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ghanshyam Tiwary, Advocate
For the Opposite Party/s : Mr. Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-04-2026 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 section 111(2) (a)of
BNS and Sections 20(B)II (a) and 22(a) of NDPS Act.
3. The case of the prosecution is that from the
possession of petitioner no. 1 altogether, 318.650 grams of ganja
like contraband and from the possession of petitioner no. 2,
altogether 327.50 grams of ganja like contraband were recovered
respectively.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence. Learned
counsel for the petitioners has submitted that nothing has been
recovered from the possession of the petitioners. There is no
Patna High Court CR. MISC. No.21555 of 2026(2) dt.06-04-2026
2/2
independent witness of the seizure list rather they are police
personnel and police has not complied Section 105 of BNSS
while preparing the seizure list. They have no concern with the
alleged recovery. It has further been submitted that the recovery
as alleged from the possession of the petitioners is less than small
quantity as per NDPS Act. A statement has been made in para-3
of this petition that the petitioners have got no criminal
antecedent. Moreover, they are languishing in judicial custody
since 30.12.2025.
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 petitioners on bail. The above named
petitioners are directed to be released on bail in connection with
Paliganj P.S. Case No. 621 of 2025 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 cum
Special Judge, NDPS Act, Patna.
(Ashok Kumar Pandey, J)
shubham/-
U T
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