Patna High Court
Piyush KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
Piyush Kumar applied for regular bail in a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, alleging that the seized 198.54 grams of brown sugar was recovered from a co-accused, Shivam Kumar, and not from his possession. He contended that the police seizure list did not comply with Section 105 of the Bihar Narcotic Substances (Control) Act and that he had been in judicial custody since 7 December 2025. The State opposed the bail. After hearing both sides, the Patna High Court found no material reason to deny bail and ordered the petitioner to be released on a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Principal District and Sessions Judge, Bhagalpur.
Issues considered
- Whether the petitioner is entitled to regular bail under the NDPS Act despite the seizure being made from a co-accused.
- Whether non‑compliance with Section 105 of the Bihar Narcotic Substances (Control) Act by the police warrants denial of bail.
- Whether the petitioner’s continued judicial custody since 07‑12‑2025 is justified.
Legislation cited
- Bihar Narcotic Substances (Control) Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act — s. 21, 25, 29, 8
Subjects
- bail
- NDPS Act
- regular bail
- seizure procedure
- Section 105
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27738 of 2026
Arising Out of PS. Case No.-280 Year-2025 Thana- BIHPUR District- Bhagalpur
======================================================
Piyush Kumar Son of Late Amit Choudhari Resident of village- Sonbarsha
Ward No 3, P S- 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.Gulnar Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 19-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 8(c), 21(b),
25 and 29 of the N.D.P.S. Act.
3. The case of the prosecution, in short, is that in a
Scorpio vehicle, four persons were sitting was found and from
possession of one of them, namely, Shivam Kumar altogether,
198.54 grams of brown sugar was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. Learned counsel for the petitioner has
submitted that nothing has been recovered from his possession.
Recovery, if any, has been made from the possession of co-
Patna High Court CR. MISC. No.27738 of 2026(2) dt.19-06-2026
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accused Shivam Kumar. It has further been submitted that
witnesses of seizure list are police personnel. Police has not
complied Section 105 of the B.N.S.S. Moreover, petitioner is
languishing in judicial custody since 07.12.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
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
Principal District and Sessions Judge, Bhagalpur in connection
with Bihpur P.S. Case No. 280 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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