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Patna High Court

Ankit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                       3/3




                                  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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