Patna High Court
Chintu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, subject to a bond of Rs.10,000 and two sureties.
Summary
Chintu Kumar applied for bail in a case registered under Sections 8, 20(B) and II(B) of the NDPS Act and Section 30(a) of the Bihar Prohibition and Excise Act, alleging possession of 750 ml of illicit foreign liquor and 2.193 kg of ganja. The prosecution argued that the seized contraband justified continued custody, while the petitioner contended that he was falsely implicated, that the seizure did not comply with Section 105 of the Bihar Narcotic Substances Act, and that the quantity was far below commercial levels. He also highlighted his clean criminal record and that he had been in judicial custody since 3 March 2026. The State opposed the bail. After hearing both sides, the Court found the circumstances sufficient to grant bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties to the satisfaction of the Sessions/Special Judge.
Issues considered
- Whether bail should be granted in an NDPS case involving possession of illicit liquor and ganja.
- Whether the seizure complied with the procedural requirements of Section 105 of the Bihar Narcotic Substances Act.
- Whether the quantity of contraband seized warrants denial of bail.
- Whether the petitioner’s lack of prior criminal antecedents and custodial duration affect the bail decision.
Legislation cited
- Bihar Narcotic Substances Act — s. 105
- Bihar Prohibition and Excise Act — s. 30(a)
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(B), 8, II(B)
Subjects
- bail
- NDPS Act
- illicit liquor
- ganja
- seizure procedure
- Section 105
- criminal procedure
- low quantity offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28356 of 2026
Arising Out of PS. Case No.-82 Year-2026 Thana- NADI P.S. District- Patna
======================================================
Chintu Kumar S/o Devraj Singh R/o Gulmahiyabagh, PS- Didarganj, Dist-
Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mithilesh Kumar Arya, Advocate
For the Opposite Party/s : Mrs. Indu Kumari Srivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 05-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Nadi (Fatuha) P.S. Case No. 82 of 2026 registered for the
offence punishable under Sections 8/20(B)/II(B) of the NDPS
Act and Section 30(a) of the Bihar Prohibition and Excise Act.
3. The case of the prosecution, in short, is that from
the possession of this petitioner, altogether 750 ml of illicit
foreign liquor and 2.193 kg of ganja were 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. 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.28356 of 2026(2) dt.05-05-2026
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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, a statement has been made in para 3 of the petition
that petitioner has no criminal antecedent and he is languishing
in judicial custody since 03.03.2026.
5. The application for bail is 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
Sessions Judge/ Special Judge, NDPS Act, Patna in connection
with Nadi (Fatuha) P.S. Case No. 82 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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