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Patna High Court

Subhansh @ Subhansh KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner.

Summary

The petitioner, Subhansh Kumar, was arrested in connection with a case registered under Sections 8(c) and 21(b) of the NDPS Act for alleged possession of 4.9 grams of contraband. He contended that the seizure was illegal because the police did not comply with Section 105 of the Bihar Narcotic Substances (Control) Act and that the quantity recovered was below the threshold for a non‑bailable offence. He also pointed out that a co‑accused in a similar case had been granted bail and that he had no prior criminal record, having been in judicial custody since 28 October 2025. The State opposed the bail application, arguing that the offence remained punishable under the NDPS Act. After hearing both sides, the Court found merit in the petitioner’s arguments regarding the small quantity and procedural lapse and decided to enlarge him on bail. The bail was conditioned on a bond of Rs 10,000 with two sureties, to be approved by the Exclusive Special Judge‑II (NDPS), Muzaffarpur.

Issues considered

  • Whether bail should be granted in an NDPS case where the alleged quantity of narcotic is small.
  • Whether non‑compliance with Section 105 of the Bihar Narcotic Substances (Control) Act renders the seizure invalid for bail considerations.
  • Whether the grant of bail to a co‑accused in a similar case influences the bail decision for the petitioner.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • small quantity
  • procedural lapse
  • seizure
  • Section 105
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25779 of 2026
                      Arising Out of PS. Case No.-153 Year-2025 Thana- Benibad District- Muzaffarpur
                 ======================================================
                 Subhansh @ Subhansh Kumar, S/o- Mahesh Singh, R/v- Piraunchha Bhira
                 Tol, PS- Benibad, Dist- Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Alok Kumar Alok, Advocate
                 For the Opposite Party/s :        Mr.Ajay Kumar No. 2, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   01-05-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Benibad P.S. Case No. 153 of 2025 registered for the

                   offence punishable under Sections 8(c) and 21(b) of the NDPS

                   Act.

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

                   the possession of this petitioner, altogether 4.900 grams of

                   smack like contraband 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. It has further been submitted that nothing has been

                   recovered from the possession of this petitioner. It has also been
             Patna High Court CR. MISC. No.25779 of 2026(2) dt.01-05-2026
                                                         2/2




                       submitted that the witnesses of the seizure list are police

                       personnel and the police has not complied with Section 105 of

                       the BNSS while making the seizure. It has further been

                       submitted that the alleged recovery of contraband is less than

                       small quantity. It has also been submitted that similarly situated

                       co-accused Rajesh Kumar has been granted bail by this Court

                       vide order dated 12.03.2026 passed in Cr. Misc. No. 13743 of

                       2026. Petitioner is having no criminal antecedent and he is

                       languishing in judicial custody since 28.10.2025.

                                    5. The application for bail is vehemently 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

                       Exclusive Special Judge-II (NDPS), Muzaffarpur in connection

                       with Benibad P.S. Case No. 153 of 2025.



                                             (Ashok Kumar Pandey, J)
lata/-
U        T


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