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Patna High Court

Sandeep PatelversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioners subject to conditions prescribed under Section 480(3) of the Bihar NDPS Act.

Summary

The petitioners, three accused persons, sought bail in a case registered under Sections 8 and 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act for allegedly possessing 3.748 grams of ganja in an electric auto. The prosecution alleged that the accused were apprehended after attempting to flee when police raided the vehicle and recovered the narcotic substance. The petitioners contended that they were falsely implicated, that the mandatory procedures for search, seizure, and sealing under the Bihar NDPS Act were not followed, and highlighted their clean antecedents and the small quantity involved. The State opposed bail, emphasizing the recovery of the narcotic from the accused. Considering the modest quantity, the absence of prior convictions, the length of custody, and the procedural arguments, the court ordered the release of the petitioners on bail with a bond of Rs. 10,000 and specific conditions under Section 480(3) of the Bihar NDPS Act.

Issues considered

  • Whether bail should be granted to accused under the NDPS Act for possession of a small quantity of ganja.
  • Whether alleged violations of search, seizure, and sealing procedures under Section 103 of the Bihar NDPS Act affect the grant of bail.
  • Whether the petitioners' clean antecedents and the quantity of narcotic recovered justify bail despite the charges under Sections 8 and 20(b)(ii)(B) of the NDPS Act.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • narcotics
  • psychotropic substances
  • small quantity
  • search and seizure
  • Section 103
  • Section 480(3)
  • clean antecedent

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.30334 of 2026
                   Arising Out of PS. Case No.-48 Year-2026 Thana- NAUTAN District- West Champaran
                 ======================================================
           1.     Sandeep Patel Son of Sri Ajay Patel Resident of village - Sinvatiya Badai
                  Ward no.-3 , Ps- Ramnagar, Dist- West Champaran
           2.    Santosh Patel Son of Sri Baliram Patel @ Balram Raut Resident of village -
                 Narayanapur yadav Tola, ps- Ramnagar, Dist- West Champaran
           3.     Subodh yadav son of Mainejar yadav Resident of village -Ramnagar Mudiya
                  Tola, Ps- Ramnagar, Dist- West Champaran
                                                                             ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                                                        with
                            CRIMINAL MISCELLANEOUS No. 30455 of 2026
                   Arising Out of PS. Case No.-48 Year-2026 Thana- NAUTAN District- West Champaran
                 ======================================================
                 Shambhu Chaudhary @ Shambhu Sahani S/O Late Sukhdeo Chaudhary
                 Resident Of Village - Nayatola, Jharokhad (Rajokhad),Ward No.- 09, P.S-
                 Gopalganj, Dist- Gopalganj
                                                                          ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 30334 of 2026)
                 For the Petitioner/s     : Mr. Sharad Kumar Verma, Advocate
                                            Mr. Umesh Chandra Verma, Advocate
                                            Mr. Harsha Shaswat, Advocate
                 For the Opposite Party/s : Mr. Nitya Nand Tiwary, APP
                 (In CRIMINAL MISCELLANEOUS No. 30455 of 2026)
                 For the Petitioner/s     : Mr. Sharad Kumar Verma, Advocate
                 For the Opposite Party/s : Mr. Nitya Nand Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   11-05-2026                 Since both the applications arise out of Nautan P.S.

                   Case No. 48 of 2026, as such, they have been taken up jointly

                   and are being disposed of by this common order.

                               2. Heard learned counsel for the petitioners and

                   learned APP for the State.
Patna High Court CR. MISC. No.30334 of 2026(2) dt.11-05-2026
                                            2/3




                       3. In the present case, the petitioners seek bail in

          connection with Nautan P.S. Case No. 48 of 2026 registered for

          the alleged offences under Sections 8/20(b) (ii) (B) of the

          Narcotic Drug and Psychotropic Substances Act.

                       4. As per prosecution case, police received information

          about three persons in an electric Auto bringing psychotropic

          substances for sell. The raiding party intercepted the said electric

          Auto and three persons sitting in the said electric Auto and one

          standing outside started running on seeing the police party and

          they were apprehended. On search of the electric Auto, recovery

          of 3.748 grams of Ganja was made.

                       5. Learned counsel for the petitioners submits that the

          petitioners are innocent and have been falsely implicated in this

          case. The mandatory provisions regarding search, seizure and

          sealing have not been followed and even the provisions of

          Section 103 of BNSS has been flouted. The quantity of Ganja

          recovered is 3.748 grams which is much less than the small

          quantity of 1 kg. The petitioners are not previous convicts and

          and they are having clean antecedent. The petitioners are in

          custody since 23.01.2026.

                       6. Learned APP for the State opposes the submission

          made on behalf of the petitioners. Learned APP submits that

          three petitioners were found sitting in the Auto from which
           Patna High Court CR. MISC. No.30334 of 2026(2) dt.11-05-2026
                                                       3/3




                     recovery of 3.748 grams of Ganja was recovered.

                                  7. Having regard to the facts and circumstances and

                     submissions made on behalf of the parties and considering the

                     quantity of contraband recovered and also considering the period

                     of custody of the petitioners and their clean antecedents, the

                     petitioners above named are directed to be released on bail on

                     furnishing bail bonds of Rs. 10,000/- (ten thousand) each with

                     two sureties of the like amount each to the satisfaction of learned

                     Special Judge, NDPS Act, West Champaran, Bettiah/court

                     concerned in connection with Nautan P.S. Case No. 48 of 2026,

                     subject to the conditions mentioned in Section 480(3) of BNSS

                     and the following conditions:

                                  (i) One of the bailors will be a close relative of the
                                  petitioners.
                                  (ii) The petitioners will remain present on each
                                  and every date fixed by the court below.
                                  (iii) In case of absence on three consecutive dates
                                  or in violation of the terms of the bail, the bail
                                  bond of the petitioners will be liable to be
                                  cancelled by the court concerned.



                                                       (Arun Kumar Jha, J)
Ashish/-

U      T


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