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Patna High Court

Saurav KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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