Patna High Court
Raju KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner on the condition of a Rs. 10,000 bond and two sureties.
Summary
Raju Kumar was arrested in connection with a case under Sections 8(c) and 21(b) of the NDPS Act after police claimed to have recovered 2.36 grams of brown sugar from his possession. The petitioner contended that he was innocent, that no contraband was actually seized, and that the seizure violated Section 105 of the Bihar Narcotic Substances Act. He also highlighted his clean criminal record and that he had been in judicial custody since 21 January 2026. The State opposed bail, arguing the offence was punishable under the NDPS Act. After hearing both sides, the Court found the quantity to be small and noted procedural irregularities, and consequently granted bail on a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether bail should be granted in an NDPS case involving a small quantity of narcotic substance.
- Whether the seizure complied with Section 105 of the Bihar Narcotic Substances Act.
- Whether the petitioner’s lack of prior criminal antecedents warrants 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
- small quantity
- procedural lapse
- seizure
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22248 of 2026
Arising Out of PS. Case No.-16 Year-2026 Thana- SOHSARAI District- Nalanda
======================================================
Raju Kumar S/O Sonulal Thathera R/O Vill - Singarhat, P.S - Sohsarai, Dist -
Nalanda, Biharsharif
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumud Kishore, Adv.
For the Opposite Party/s : Mr. Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 07-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Sohsarai P.S. Case No. 16 of 2026registered for the offence
punishable under Sections 8(c), 21(b) of the NDPS Act.
3. The case of the prosecution, in short, is that from
the possession of the petitioner, altogether 2.36 grams of brown
sugar was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that nothing has been recovered from the
possession of the petitioner. The witnesses of the seizure list are
police personnel and the police has not complied with Section
Patna High Court CR. MISC. No.22248 of 2026(2) dt.07-04-2026
2/2
105 of the BNSS while making the seizure. He further submits
that the alleged recovery of contraband is less than small
quantity. Moreover, 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 21.01.2026.
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 Judicial
Magistrate, 1st Class, Nalanda, Biharsharif in connection with
Sohsarai P.S. Case No. 16 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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