Patna High Court
Surendra DasversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
Surendra Das was arrested along with another individual after police intercepted a motorcycle allegedly carrying 745 grams of charas-like contraband from the Nepal border. He was charged under Sections 8 and 20(b)(ii)(B) of the NDPS Act. The petitioner contended that he had no conscious possession, that the seizure was recorded jointly with the co‑accused, that the seizure did not comply with Section 105 of the Bihar Narcotic Substances Act, and that the quantity, though above the small‑quantity threshold, was far below commercial quantity. He also highlighted his lack of prior criminal record. The State opposed bail. Considering the procedural lapses, the modest quantity and the petitioner’s clean record, the Court granted regular bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted in an NDNDPS case where the alleged quantity exceeds the small‑quantity limit but is less than commercial quantity.
- Whether non‑compliance with Section 105 of the Bihar Narcotic Substances Act during seizure warrants bail.
- Whether the petitioner’s lack of conscious possession and clean antecedent justify bail.
Legislation cited
- Bihar Narcotic Substances (Control) Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(B), 8
Subjects
- bail
- NDPS Act
- charas
- seizure procedure
- Section 105
- quantity thresholds
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23311 of 2026
Arising Out of PS. Case No.-145 Year-2025 Thana- Haraiya District- East Champaran
======================================================
Surendra Das S/o Nathuni Das Resident of Village - Tumariya Tola, Ward No.
4, P.S - Haraiya, District -East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Narcotics Control Bureau (N.C.B), Bihar, Patna Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate
For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for grant of regular bail
in connection with a case registered for the offences punishable
under Sections 8 and 20(b)(ii)(B) of the NDPS Act.
3. The case of the prosecution, in brief, is that the
police received secret information that two persons riding a
motorcycle were coming from the Nepal side carrying
contraband. Acting upon such information, the said motorcycle
was intercepted and two persons were apprehended, who were
identified as the petitioner and one Vishal Kumar. It is further
alleged that a total of 745 grams of charas-like contraband was
Patna High Court CR. MISC. No.23311 of 2026(2) dt.16-04-2026
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recovered from the leg guard of the motorcycle.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in the
present case. It is contended that no recovery has been made
from the conscious possession of the petitioner. From perusal of
the seizure list, it appears that the alleged recovery has been
shown jointly from two persons, namely the petitioner and one
Vishal Kumar. It is further submitted that the witnesses to the
seizure list are police personnel, and the mandatory provisions
of Section 105 of the BNSS have not been complied with during
the seizure. It is also argued that although the alleged recovery
is more than small quantity, it is much less than commercial
quantity. The petitioner is in custody since 19.11.2025 and has
no criminal antecedent.
5. Learned APP for the State has opposed the prayer
for bail.
6. Considering the aforesaid facts and circumstances
of the case, this Court is inclined to enlarge the petitioner on
bail. Accordingly, the above-named petitioner is directed to be
released on bail in connection with Haraiya P.S. Case No. 145 of
2025, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each, to the
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satisfaction of the learned Sessions Judge/Special Judge, East
Champaran, Motihari.
(Ashok Kumar Pandey, J)
Jagdish/-
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