Patna High Court
Sashi Kumar @ Shashi KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Sashi Kumar, was arrested in connection with an NDPS case (sections 21 and 22(b)) after police recovered 5.4 grams of Alprazolam from a bike. He applied for regular bail, claiming innocence, lack of criminal antecedent, and that the seizure violated Section 105 of the Bihar Narcotic Substances Act because the seizure list witnesses were police and there was no conscious possession. The State opposed the bail. The court, after considering the facts, the small quantity of the drug relative to commercial amounts, and the petitioner’s clean record, ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether regular bail should be granted in an NDPS case under sections 21 and 22(b) when the seized quantity is small and the accused has no prior record.
- Whether the seizure complied with Section 105 of the Bihar Narcotic Substances Act.
- Whether the petitioner’s alleged lack of conscious possession affects bail eligibility.
Legislation cited
- Bihar Narcotic Substances (Control) Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act — s. 21, 22(b)
Subjects
- bail
- NDPS
- section 21
- section 22(b)
- seizure
- small quantity
- criminal antecedent
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28251 of 2026
Arising Out of PS. Case No.-228 Year-2026 Thana- AGAMKUAN District- Patna
======================================================
Sashi Kumar @ Shashi Kumar Son of sanjay singh Resident of village-
Hilsha Mai, Ps- Hilsha, Dist- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dr.Kamal Deo Sharma, Advocate
For the Opposite Party/s : Mr. Bharat Bhushan, 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 regular bail in a case
registered for the offence punishable under sections 21 and
22(b) of the N.D.P.S. Act.
3. The case of the prosecution is that three persons on
a bike were arrested by police and from their possession,
altogether 5.4 grams of Alprazolam tablet was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
falsely been implicated in this case. Learned counsel for the
petitioner has submitted that while making seizure, Section 105
of B.N.SS. has not been complied and the seizure list witnesses
are police personnel. Nothing has been recovered from his
Patna High Court CR. MISC. No.28251 of 2026(2) dt.04-05-2026
2/2
conscious possession. It has also been submitted that though the
quantum of the contraband which has been recovered is more
than small quantity but is much less than commercial quantity.
Petitioner is having no criminal antecedent. Moreover, he is
languishing in judicial custody since 08.03.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular 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 released on bail in connection with
Agamkuan P.S. Case No. 228 of 2026 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Sessions Judge/Special Judge
(NDPS), Patna.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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