Patna High Court

Kanchan KumarversusThe State of Bihar

Decided: 6 May 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Kanchan Kumar, was charged under sections 3 and 20(b)(ii)(B) of the NDPS Act and section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 750 ml of illicit foreign liquor and 2.193 kg of ganja. He applied for regular bail, claiming innocence, lack of specific attribution of the seized contraband to him, non‑compliance with Section 105 of the B.N.SS during seizure, and that the quantity was below commercial levels. The State opposed the bail. After hearing both sides, the Patna High Court found the procedural lapses and the modest quantity sufficient to justify bail and ordered his release on a bond of Rs 10,000 with two sureties. The petitioner had been in judicial custody since 3 March 2026 and had no prior criminal record.

Issues considered

Whether the petitioner is entitled to regular bail under the NDPS Act given the nature and quantity of the contraband.
Whether the alleged non‑compliance with Section 105 of the B.N.SS renders the seizure invalid and affects bail eligibility.
Whether the quantity seized, being less than commercial quantity, warrants the grant of bail.

Legislation cited

Bihar Prohibition and Excise Act — s. 30(a)
B.N.SS — s. 105
Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(B), 3

Subjects

bail
NDPS Act
seizure procedure
quantity of contraband
criminal antecedent
Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28978 of 2026
                        Arising Out of PS. Case No.-82 Year-2026 Thana- NADI P.S. District- Patna
                 ======================================================
                 Kanchan Kumar S/O Sanjay Ray Resident of Vill.- Kachchi Dargah P.S.-
                 Nadi, Dist.- Patna.
                                                                        ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Yatindra Narayan, Advocate
                 For the Opposite Party/s :        Mr. Dilip Kumar No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   06-05-2026                    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 3/20(b)(ii)

                   (B) of NDPS Act and Section 30(a) of Bihar Prohibition and

                   Excise Act.

                                3. The case of the prosecution is that from two places,

                   altogether 750 ml illicit foreign liquor and 2.193 kg of ganja like

                   contraband were 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 from perusal of the seizure list it

                   transpires that altogether seven accused persons are named in

                   the FIR but it is not specified as to what amount of contraband
            Patna High Court CR. MISC. No.28978 of 2026(2) dt.06-05-2026
                                                        2/2




                      and illicit liquor was recovered from the possession of this

                      petitioner. Learned counsel has further submitted that while

                      making seizure, Section 105 of B.N.SS. has not been complied

                      and the seizure list witnesses are police personnel. 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 03.03.2026.

                                   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

                      Nadi P.S. Case No. 82 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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Yatindra Narayan