Created by Fuzzy Cloud

Patna High Court

Shivam Kumar @ Monu @ Mannu KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner subject to a bond and sureties.

Summary

The petitioner, Shivam Kumar, sought bail in a case registered under Sections 8(c), 21(b), 25 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for alleged possession of 198.54 g of brown sugar. The petitioner contended that no contraband was actually recovered, that the seizure was not made in compliance with Section 105 of the Bihar Narcotic Substances Act, and that the quantity, while above the ‘small’ threshold, was below the ‘commercial’ threshold. The State opposed bail, citing the petitioner’s prior criminal antecedent. After hearing both sides, the Court considered the procedural irregularities, the quantity involved, and the petitioner’s custody since 7 December 2025, and decided to grant bail. The bail was conditioned on a bond of Rs 10,000 with two sureties of the same amount, to be approved by the Principal District and Sessions Judge, Bhagalpur.

Issues considered

  • Whether bail should be granted in an NDPS case where the seized quantity exceeds the small‑quantity limit but is below the commercial‑quantity limit.
  • Whether non‑compliance with Section 105 of the Bihar Narcotic Substances Act vitiates the seizure and warrants bail.
  • Whether the petitioner’s prior criminal antecedent precludes the grant of bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • drug possession
  • procedural lapse
  • seizure
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23023 of 2026
                      Arising Out of PS. Case No.-280 Year-2025 Thana- BIHPUR District- Bhagalpur
                 ======================================================
                 Shivam Kumar @ Monu @ Mannu Kumar Son of Jagdish Ishwar Resident of
                 village- Sonbarsha PS- Bihpur District -Bhagalpur

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Subhash Kumar, Advocate
                 For the Opposite Party/s :       Ms. Renu Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   08-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Bihpur P.S. Case No.280 of 2025 registered for the offence

                   punishable under Sections 8(c), 21(b), 25 & 29 of the Narcotic

                   Drugs and Psychotropic Substance (in short ‘N.D.P.S.’) Act.

                                3. The case of the prosecution, in short, is that from

                   the possession of this petitioner, 198.54 gm of brown sugar was

                   recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that nothing has been recovered from

                   the possession of the petitioner. Learned counsel for the

                   petitioner has further submitted that the witnesses of the seizure

                   list are police personnel and police have not complied Section
            Patna High Court CR. MISC. No.23023 of 2026(2) dt.08-04-2026
                                                        2/2




                      105 of the BNSS while making seizure. It has further been

                      submitted that the alleged recovery of contraband is though

                      more than small quantity but is less than commercial quantity.

                      Learned counsel for the petitioner has further submitted that the

                      petitioner is in judicial custody since 07.12.2025.

                                   5. The application for bail is opposed by learned APP

                      for the State. Learned APP has submitted that the petitioner is

                      having criminal antecedent of one case.

                                   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 court of learned

                      Principal District and Sessions Judge, Bhagalpur in connection

                      with Bihpur P.S. Case No.280 of 2025.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.