Patna High Court
Santosh PrasadversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner in the NDPS case.
Summary
Santosh Prasad was arrested in connection with a case registered under sections 8, 21(c) and 22 of the NDPS Act, where police claimed to have recovered 100 grams of smack and Rs. 80,000 cash from his possession. The petitioner contended that he was innocent, that nothing was actually seized from him, and that the seizure was not conducted in compliance with section 105 of the Bihar Narcotic Substances and Substances Act. He also highlighted that the quantity seized, while more than a small amount, was far below a commercial quantity and that he had no prior criminal record, having been in judicial custody since 18‑10‑2025. The State opposed the bail application. After considering the facts, the court found the circumstances sufficient to grant regular bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Exclusive Special Judge NDPS II, Patna.
Issues considered
- Whether bail should be granted in an NDPS case where the seized quantity exceeds the small‑quantity threshold but is less than commercial quantity
- Whether non‑compliance with section 105 of the Bihar Narcotic Substances and Substances Act in the seizure process warrants bail
- Whether the petitioner’s lack of antecedents and prolonged pre‑trial detention justify the grant of regular bail
Legislation cited
- Bihar Narcotic Substances and Substances Act — s. 105
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(c), 22, 8
Subjects
- bail
- NDPS Act
- drug possession
- procedural lapse
- seizure
- small quantity
- commercial quantity
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28653 of 2026
Arising Out of PS. Case No.-602 Year-2025 Thana- BEUR District- Patna
======================================================
Santosh Prasad Son of Yugeshi Prasad R/O Village - Hakam Purva Tola, P.S.-
Mohammadpur, District - Gopalganj, At Present Resident of Saichak, P.S.-
Beur, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Choubey Jawahar, 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 8/21(c)/22
of the NDPS Act.
3. The case of the prosecution is that from the
possession of this petitioner, 100 grams of smack and Rs.
80,000/- cash were recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that nothing has been
recovered from the possession of the petitioner. The witnesses
of the seizure list are police personnel and police have not
Patna High Court CR. MISC. No.28653 of 2026(2) dt.19-06-2026
2/2
complied section 105 of BNSS while preparing seizure. Learned
counsel has further submitted that the alleged recovery of
contraband which has been recovered is though more than small
quantity but is much less than commercial quantity. Moreover,
the petitioner is languishing in judicial custody since 18.10.2025
having no criminal antecedent.
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
Beur P.S. Case No. 602 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Spl. Judge NDPS
II, Patna.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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