Patna High Court

Shashibhushan SinghversusThe State of Bihar

Decided: 8 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.

Summary

The petitioner, Shashibhushan Singh, applied for bail in a case registered under Sections 8 and 20(b)(ii)(B) of the NDPS Act for alleged possession of 1.175 kg of ganja. The prosecution alleged recovery of the narcotic, while the petitioner contended that no seizure was made, the police failed to comply with Section 105 of the BNSS and Section 50 of the NDPS Act, and that the quantity, though more than a small amount, was far below commercial quantity. The petitioner also highlighted his clean criminal record and that he had been in judicial custody since 31.01.2026. The State opposed the bail. After hearing both sides, the 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 of equal amount.

Issues considered

Whether bail should be granted in a case under Sections 8 and 20(b)(ii)(B) of the NDPS Act.
Whether the police complied with procedural requirements of Section 105 of the BNSS and Section 50 of the NDPS Act during seizure.
Whether the quantity of narcotic involved warrants denial of bail as a commercial quantity.
Whether the petitioner’s lack of prior criminal antecedent influences bail eligibility.

Legislation cited

Bihar Narcotic Substances (BNSS) Act — s. 105
Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20, 50, 8

Subjects

bail
NDPS Act
drug possession
procedural compliance
quantity of narcotic
criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23107 of 2026
                   Arising Out of PS. Case No.-81 Year-2026 Thana- BHAGWAN BAZAR District- Saran
                 ======================================================
                 Shashibhushan Singh S/O Late Shiv Nath Singh R/O Village- Phakauli, P.S.-
                 Muffasil, Dist.- Saran (Chapra).

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Priyanshu Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Nitya Nand Tiwary, 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 Bhagwan Bazar P.S. Case No.81 of 2026 registered for the

                   offence punishable under Sections 8, 20(b)(ii)(B) of the NDPS

                   Act.

                                3. The case of the prosecution, in short, is that 1.175

                   kg of ganja was recovered from the possession of the petitioner.

                                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

                   105 of the BNSS while making seizure. Learned counsel for the
            Patna High Court CR. MISC. No.23107 of 2026(2) dt.08-04-2026
                                                        2/2




                      petitioner has submitted that Section 50 of the NDPS was also

                      not followed by police. It has further been submitted that the

                      alleged recovery of contraband is though more than small

                      quantity but is much less than commercial quantity. Learned

                      counsel for the petitioner has further submitted that the

                      petitioner is having no criminal antecedent and he is in judicial

                      custody since 31.01.2026.

                                   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 court of learned

                      Sessions-cum-Special Judge, Saran at Chapra in connection

                      with Bhagwan Bazar P.S. Case No.81 of 2026.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T

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