Patna High Court
Ajit Kumar GuptaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, subject to a bond and sureties.
Summary
The petitioner, Ajit Kumar Gupta, was arrested in connection with a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act where 1.442 kg of opium was allegedly recovered from his possession. He contended that he was falsely implicated, that the seizure violated Section 105 of the Bihar Narcotic Substances Act, and that the quantity seized was below commercial levels. He also highlighted his clean record, his continued custody since August 2025, and the fact that a co‑accused in a similar situation had already been granted bail. The State opposed the bail application. After hearing both sides, the Patna High Court found merit in the petitioner’s arguments and ordered that he be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to the satisfaction of the Sessions Judge.
Issues considered
- Whether bail should be granted to an accused under the NDPS Act when 1.442 kg of opium has been seized.
- Whether procedural lapses in the seizure (non‑compliance with Section 105 of the BNSS) justify bail.
- Whether the quantity seized, being less than a commercial quantity, affects the bail decision.
Legislation cited
- Bihar Narcotic Substances Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 17(c), 18(c), 25, 29, 31, 61, 8
Subjects
- bail
- NDPS Act
- opium
- seizure procedure
- Section 105
- commercial quantity
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21984 of 2026
Arising Out of PS. Case No.-364 Year-2025 Thana- GOPALPUR District- Patna
======================================================
Ajit Kumar Gupta S/o Sri Bajrangi Saw R/o Vill- Burmidih, PS- Balidih,
Dist- Bokaro Jharkhand
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md. Javed Jafar Khan, Advocate
For the Opposite Party/s : Mr. Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 17-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection with
Gopalpur P.S. Case No. 364 of 2025 registered for the offence
punishable under Sections 8, 17(c), 18(c), 25, 29, 31, 61 of the
N.D.P.S. Act
3. The case of the prosecution in short is that four
persons were apprehended and different amounts of contraband
were recovered from them. From the possession of this petitioner,
a total of 1.442 kg of opium was recovered.
4. Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.21984 of 2026(2) dt.17-04-2026
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has submitted that petitioner is innocent and has committed no
offence. He has been falsely implicated in this case. Learned
counsel for the petitioner has submitted that nothing has been
recovered from the possession of this petitioner. The police have
not followed Section 105 of the BNSS while making the seizure
and the witnesses of the seizure are police personnel. It has also
been submitted that the alleged recovery is though more than small
quantity but is much less than commercial quantity. He further
submits that a statement has been made in para 3 of the petition
that petitioner has no criminal antecedent and he is languishing in
judicial custody since 29.08.2025. It has further been submitted
that similarly situated other co-accused person has already been
granted bail by this court vide Cr. Misc. No. 85076 of 2025. The
case of this petitioner stands on similar footing.
5. The application for bail is opposed by learned APP
for the State.
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 enlarged on bail on furnishing bail bond
of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the
like amount each to the satisfaction of the learned Sessions Judge/
Special Judge (N.D.P.S.), Patna in connection with Gopalpur P.S.
Patna High Court CR. MISC. No.21984 of 2026(2) dt.17-04-2026
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Case No. 364 of 2025.
(Ashok Kumar Pandey, J)
shubham/-
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