Patna High Court
Subhansh @ Subhansh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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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