Patna High Court
Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Arms Act, 1959 — s. 25(1-b)(I), 26, 35
- Bihar Prohibition and Excise Act — s. 30(a)
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 105, 20(B)(ii)(B), 8(B)
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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