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Patna High Court

Santosh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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