Patna High Court
Ankit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court allowed bail to the petitioner subject to bond and conditions.
Summary
Ankit Kumar was arrested on 28 January 2026 for possession of 11.76 grams of a heroin‑like substance (smack) and a mobile phone, alleged under Section 317(5) of the Bihar Narcotic Substances Act and Sections 8(c) and 21(b) of the NDPS Act. The petitioner applied for bail, contending that the seizure list violated mandatory provisions of Sections 103 and 105 of the Bihar Narcotic Substances Act, 2023, and that the quantity seized was only intermediate, thus not attracting the stringent bail denial under Section 37 of the NDPS Act. The State opposed bail, citing an earlier pending case against the petitioner, though he was already on bail in that matter. The Court examined the procedural lapses and the nature of the quantity, and held that these did not preclude bail. Accordingly, the Court granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether non‑compliance with Sections 103 and 105 of the Bihar Narcotic Substances Act, 2023, regarding the seizure list, bars bail.
- Whether the intermediate quantity of narcotic substance attracts the denial of bail under Section 37 of the NDPS Act.
- Whether the petitioner’s antecedent criminal case affects the grant of bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103, 105, 317(5)
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 37, 8(c)
Subjects
- bail
- NDPS Act
- Bihar Narcotic Substances Act
- intermediate quantity
- seizure procedure
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29574 of 2026
Arising Out of PS. Case No.-175 Year-2026 Thana- PHULWARISHARIF District- Patna
======================================================
Ankit Kumar S/O Late Surendra Paswan @ Surendra Prasad R/O Vill.- Korji
Mahamadpur, P.S- Phulwarisharif, Dist - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bibhakar Tiwary, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 04-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
28.01.2026 in connection with Phulwarisharif P.S. Case No. 175
of 2026 for the offence punishable under Section 317(5) of the
BNS and Secction 8(c) and 21(b) of the NDPS Act.
3. The case of the prosecution, in brief, is that on
27.01.2026, the police raided near Korji under Phulwarishrif
police station and apprehended the petitioner. Upon search, 47
puriya of smack (heroin like substance) weighing about 11.76
grams and one Oppo mobile phone has been received.
4. Learned counsel for the petitioner submits that as
per the allegation as alleged in the FIR that 47 puriya of smack
(heroin like substance) weighing about 11.76 grams and one
Patna High Court CR. MISC. No.29574 of 2026(2) dt.04-05-2026
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Oppo mobile phone has been recovered from the possession of
the petitioner. Learned counsel for the petitioner submits that
from perusal of the seizure list it appears that the seizure list
witnesses are police personnel so there is non-compliance of
mandatory provisions of Sections 103 and 105 of BNSS, 2023
and police after investigation has submitted charge-sheet and
petitioner is in custody since 28.01.2026. Learned counsel for
the petitioner further submits that the recovered contraband is
intermediate quantity so there is no embargo of Section 37 of
the NDPS Act to enlarge the petitioner on bail.
5. The learned Additional Public Prosecutor for State
has vehemently opposed the prayer for bail of the petitioner and
submits that petitioner has antecedent of one more case other
than the present case but fairly submits that petitioner is on bail
in the pending matter.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Sessions
Judge/Special Judge (NDPS), Patna in connection with
Phulwarisharif P.S. Case No. 175 of 2026, subject to the
following conditions:-
Patna High Court CR. MISC. No.29574 of 2026(2) dt.04-05-2026
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i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
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