Patna High Court
Shivam Kumar @ Monu @ Mannu KumarversusThe 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, 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
- Bihar Narcotic Substances Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act — s. 21, 25, 29, 8
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
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