Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the procedural lapse in seizure and the small quantity of narcotic recovered warranted the grant of regular bail to the petitioner.
Summary
Rahul Kumar was charged under sections 8(c) and 21(b) of the NDPS Act for allegedly possessing 14 grams of brown sugar. He claimed innocence, arguing that the contraband was not in his conscious possession and that the police failed to comply with Section 105 of the Bihar Narcotic Substances (Control) Act during seizure. The petitioner had been in judicial custody since 14 March 2026 and asserted that the quantity seized was far below commercial levels. The State opposed the bail application. Considering the procedural lapse, the small quantity involved, and the length of custody, the court ordered the petitioner’s release on regular bail with a bond of Rs.10,000 and two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail under the NDPS Act given the quantity of narcotic recovered.
- Whether the failure to comply with Section 105 of the Bihar Narcotic Substances (Control) Act during seizure affects the bail decision.
- Whether the duration of judicial custody justifies the grant of bail.
Legislation cited
- Bihar Narcotic Substances (Control) Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 8(c)
Subjects
- bail
- NDPS Act
- procedural lapse
- drug possession
- quantity of narcotic
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28415 of 2026
Arising Out of PS. Case No.-251 Year-2026 Thana- RAMKRISHNANAGAR District- Patna
======================================================
Rahul Kumar Son of Manoj Mistri Resident of village - Gonwa, P.S.-
Naubatpur, District - Patna, Presently Resident of village - Pipra, P.S.-
Ramkrishna Nagar, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Khushi Awadh, Advocate
For the Opposite Party/s : Mr.Nand Kishore Prasad
======================================================
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 regular bail in a case
registered for the offence punishable under sections 8 (c) and 21
(b) of the NDPS Act.
3. The case of the prosecution is that 14 grams of
brown sugar was recovered from the possession of this
petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that
nothing has been recovered from the conscious possession of
this petitioner. It is further submitted that all the witnesses to the
Patna High Court CR. MISC. No.28415 of 2026(2) dt.05-05-2026
2/2
seizure list are police personnel and police had not complied the
mandatory provision of Section 105 of the BNSS during the
time of seizure. It is further submitted 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 14.03.2026.
5. Learned APP appearing for the state has opposed
the prayer of regular bail.
6. Considering the aforesaid 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 Ramkrishna Nagar P.S. Case No. 251 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)
Jagdish/-
U T
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