Patna High Court
Santan Bharti @ Shantan BhuiyanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner.
Summary
Santan Bharti was arrested in connection with a case under the NDPS Act where 1.6 kg of opium was allegedly recovered from his bedroom. He applied for bail, claiming innocence, that the seizure violated Section 105 of the BNSS, and that the quantity, though more than a small amount, was far below commercial levels. The State opposed bail, citing a prior criminal case. After hearing both sides, the court noted the procedural lapse and the petitioner’s prolonged custody since 19‑12‑2025, and decided to grant bail. The bail was conditioned on a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Sessions Judge‑c‑m‑Special Judge, NDPS Act, Gaya.
Issues considered
- Whether bail should be granted under the NDPS Act given the quantity of opium seized.
- Whether the seizure complied with Section 105 of the BNSS.
- Whether the petitioner’s prior criminal antecedent precludes bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act — s. 17(ii), 18(iii), 25, 29, 8
Subjects
- bail
- NDPS Act
- seizure procedure
- Section 105
- prior criminal antecedent
- opium
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28180 of 2026
Arising Out of PS. Case No.-21 Year-2025 Thana- CHAKARANDHA P.S. District- Gaya
======================================================
Santan Bharti @ Shantan Bhuiyan S/o Badhan Bharti @ Barhan Bhuiyan
Resident of village- Pichhuliya, PS- Chhakarbandha, Distt- Gayaji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Nikhil, Adv.
For the Opposite Party/s : Mr. Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 04-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Chhakarbandha P.S. Case No. 21 of 2025 registered for the
offence punishable under Sections 8, 17(ii), 18(iii), 25, 29 of the
N.D.P.S. Act.
3. The case of the prosecution, in short, is that
altogether 1.6 kg of Opium was recovered from the bedroom of
the petitioner.
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. He also submits that nothing has been recovered from the
possession of the petitioner. The witnesses of the seizure list are
Patna High Court CR. MISC. No.28180 of 2026(2) dt.04-05-2026
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police personnel and the police has not complied with Section
105 of the BNSS while making the seizure. He further submits
that the alleged recovery of contraband is though more than
small quantity but is much less than commercial quantity.
Moreover, the petitioner is languishing in judicial custody since
19.12.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner has criminal
antecedent of one case.
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
Sessions Judge-cum-Special Judge, N.D.P.S. Act, Gaya Ji in
connection with Chhakarbandha P.S. Case No. 21 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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