Patna High Court
Saurav KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Saurav Kumar was arrested in connection with a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, alleged to have 176 grams of a smack-like substance in his possession. He sought regular bail, claiming innocence, that no contraband was actually recovered from him, and that the seizure violated Section 105 of the NDPS Act because the seizure list witnesses were police personnel. The prosecution opposed bail, noting the quantity exceeded the 'small quantity' threshold. The court examined the facts, the procedural lapse, and the fact that the petitioner had been in judicial custody since 31‑12‑2025. Finding that the quantity was less than a commercial amount and considering the procedural irregularities, the court granted regular bail on a bond of Rs.10,000 with two sureties, directing his release.
Issues considered
- Whether regular bail can be granted in an NDPS case where the seized quantity exceeds the small‑quantity limit but is less than commercial quantity
- Whether non‑compliance of Section 105 of the NDPS Act in the seizure process warrants granting bail
- Whether the petitioner’s continued judicial custody affects the bail decision
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 105, 21(b), 29, 35, 8(c)
Subjects
- bail
- NDPS Act
- seizure
- procedural lapse
- quantity
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29929 of 2026
Arising Out of PS. Case No.-258 Year-2025 Thana- PASRAHA District- Khagaria
======================================================
Saurav Kumar S/O Sashi Yadav R/O Shergadh, P.S- Gogri, Distt.- Khagaria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Siddhartha Prasad, Advocate
Mr. Shantam Kriti, Advocate
Mr. Rahul Kumar, Advocate
Mr. Shashank Shekhar, Advocate
For the Opposite Party/s : Mr. Prem Kumar Jha, 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(c), 21(b),
29 and 35 of the N.D.P.S. Act.
3. The case of the prosecution is that 176 grams of
smack like substance was recovered from the possession of this
petitioner.
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. Nothing has been recovered
from his possession. Learned counsel for the petitioner has
further submitted that while making seizure, Section 105 of
Patna High Court CR. MISC. No.29929 of 2026(2) dt.07-05-2026
2/2
B.N.SS. has not been complied and the seizure list witnesses are
police personnel. 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. Moreover, he is
languishing in judicial custody since 31.12.2025.
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
Pasraha P.S. Case No. 258 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Special Judge (NDPS Act),
Khagaria.
(Ashok Kumar Pandey, J)
shubham/-
U T
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