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Patna High Court

Suraj KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner, directing release upon furnishing a bail bond of Rs.10,000 with two sureties.

Summary

Suraj Kumar was arrested in connection with the alleged possession of 3.5 kg of ganja, 56.375 litres of illicit liquor, a pistol and two magazines. He was charged under sections 8(B) and 20(B)(ii)(B) of the NDPS Act, section 30(a) of the Bihar Prohibition and Excise Act and sections 25(1‑b)(I), 26 and 35 of the Arms Act. The petitioner pleaded innocence, contended that the seizure was not made in compliance with Section 105 of the NDPS Act, that no contraband was found on his person, that the quantity was below commercial levels and that he had no prior criminal record. The State opposed regular bail. After hearing both sides, the court found merit in the petitioner's arguments and ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the seriousness of the offences under the NDPS, Prohibition and Arms Acts.
  • Whether the seizure of the contraband complied with the procedural requirements of Section 105 of the NDPS Act.
  • Whether the quantity of narcotics and illicit liquor seized warrants denial of bail as a commercial quantity.
  • Whether the petitioner poses a flight risk or threat to the investigation.

Legislation cited

Subjects

  • regular bail
  • NDPS Act
  • seizure procedure
  • Bihar Prohibition and Excise Act
  • Arms Act
  • criminal procedure
  • bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29893 of 2026
                        Arising Out of PS. Case No.-98 Year-2026 Thana- GOPALPUR District- Patna
                 ======================================================
                 Suraj Kumar S/O Fakirchand Saw R/O Vill.- Shahpur, P.S- Gopalpur, Dist.-
                 Patna, Bihar.
                                                                         ... ... Petitioner/s
                                                Versus
                 The State of Bihar Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ujjwal Raj, Advocate
                                                  Mr. Jyoti Prakash, Advocate
                 For the Opposite Party/s :       Mr. Bishweshwar Ram, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   07-05-2026                     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 8(B), 20(B)

                   (ii)(B) of the N.D.P.S. Act, Section 30(a) of the Bihar Prohibition

                   and Excise Act and Sections 25(1-b) (I), 26 and 35 of the Arms

                   Act.

                                 3. The case of the prosecution is that from the

                   possession of this petitioner, altogether 3.5 kg of ganja, 56.375

                   liters of illicit liquor, one country made pistol along with two

                   magazines 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 while making seizure, Section 105 of
            Patna High Court CR. MISC. No.29893 of 2026(2) dt.07-05-2026
                                                        2/2




                      B.N.SS. has not been complied and the seizure list witnesses are

                      police personnel. Nothing has been recovered from the possession

                      of this petitioner. It has also been submitted that though the

                      quantum of the contraband which has been recovered from the

                      possession of this petitioner 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 20.02.2026.

                                   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

                      Gopalpur (Patna) P.S. Case No. 98 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-cum-

                      Special Judge (NDPS), Patna.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T


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