Patna High Court
Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
Bail was granted to the petitioner as the seized heroin quantity was below commercial quantity and no adverse factors warranted denial of bail.
Summary
Santosh Kumar was arrested in connection with a case alleging possession of 7.55 grams of heroin (Brown Sugar) recovered from his pocket, charged under Sections 8(c) and 21(b) of the NDPS Act. The petitioner claimed innocence, arguing that the quantity was below the commercial threshold and that the case was filed to harass him. The State opposed bail. The court examined the FIR, the informant's report, and noted that the seized amount was indeed less than a commercial quantity. Considering the low quantity, the petitioner’s clean antecedents, and the circumstances, the court granted bail. The petitioner was ordered to be released on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the accused under Sections 8(c) and 21(b) of the NDPS Act when the seized quantity is below commercial quantity
- Whether the circumstances of the case warrant the grant of bail despite the seriousness of the offence
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 8(c)
Subjects
- bail
- NDPS Act
- heroin
- commercial quantity
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2972 of 2026
Arising Out of PS. Case No.-573 Year-2025 Thana- BIHAR District- Nalanda
======================================================
Santosh Kumar, aged about 25 years, Male, Son of Late Chhote Ram @
Chhote Prasad, Resident of Mohalla - Naisarai Narsaliganj, P.S. - Biharsharif,
District - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sudhir Kumar, Advocate
For the Opposite Party/s : Mr. Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Biharsharif P.S. Case No. 573 of 2025 instituted for the offences
punishable under Sections 8 (c) and 21(b) of the NDPS Act.
3. The allegation against the petitioner is that 15 small
packets folded in white paper and wrapped in black plastic were
recovered from the petitioner’s pocket, which contains Brown
Sugar (heroin).
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence and has
falsely been implicated in this case. He submits that no such
occurrence took place as alleged rather this case has been
Patna High Court CR. MISC. No.2972 of 2026(2) dt.28-01-2026
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lodged against the petitioner by the informant to harass him. He
next submits that the recovery of Brown Sugar (heroin) is 15
purhiya weighing 7550 mg i.e., 7.55 gm which is less than
commercial quantity. Petitioner has got clean antecedent as
stated in para 3 of the petition is in custody since 13.10.2025.
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. From perusal of the FIR and impugned order of the
learned Sessions Judge-cum-Special Judge, Nalanda,
Biharsharif dated 09.12.2025, it appears that petitioner is
named in the FIR. From perusal of the records, it also appears
that on the basis of written report of the informant, FIR has been
registered under Sections 8 (c) and 21(b) of the NDPS Act
against the present petitioner and the allegation against the
petitioner is that there is recovery of Brown Sugar (heroin) is
15 purhiya weighing 7550 mg i.e., 7.55 gm which is less than
commercial quantity.
7. Considering the aforesaid facts and circumstances
of the case and submission of learned counsel for the petitioner
that recovery of of Brown Sugar (heroin) is 15 purhiya weighing
7550 mg i.e., 7.55 gm which is less than commercial quantity, I
am inclined to grant bail to the petitioner.
Patna High Court CR. MISC. No.2972 of 2026(2) dt.28-01-2026
3/3
8. Accordingly the prayer for bail of the petitioner is
allowed. Let the petitioner above named be released on bail on
furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Principal Sessions Judge-cum-Special Judge, Nalanda
Biharsharif in connection with Biharsharif P.S. Case No. 573 of
2025.
(Ramesh Chand Malviya, J)
Anand Kr.
U T
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