Patna High Court
Alok kumar @ AlokversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that bail should be granted to the petitioner, subject to the conditions specified under Section 480(3) of the BNSS.
Summary
Alok Kumar was arrested for alleged possession of 10.650 kg of ganja recovered from him while traveling in an auto, under Sections 8 and 20(b)(ii)(B) of the NDPS Act. The petitioner claimed innocence, alleging that the seizure violated Section 50 of the NDPS Act and that the seized substance was never sent for forensic testing. He also highlighted his clean antecedent and that a charge‑sheet had already been filed after a period of custody since 6 October 2025. The State opposed bail, but the court, after considering the submissions and the prolonged custody, granted bail on a bond of Rs 10,000 with two sureties and imposed conditions under Section 480(3) of the BNSS. The bail order required the petitioner to appear on all court dates and stipulated cancellation of bail upon repeated non‑appearance.
Issues considered
- Whether bail should be granted to the accused under the NDPS Act despite alleged possession of a large quantity of ganja.
- Whether the seizure of the alleged narcotic substance violated Section 50 of the NDPS Act, affecting the bail application.
- Whether the filing of a charge‑sheet and the period of custody preclude the grant of bail.
Legislation cited
- BNSS — s. 480(3)
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)(B), 50, 8
Subjects
- bail
- NDPS Act
- narcotics
- seizure
- forensic testing
- clean antecedent
- charge sheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30388 of 2026
Arising Out of PS. Case No.-410 Year-2025 Thana- BAISI District- Purnia
======================================================
Alok kumar @ Alok S/o Ranjit Manjhi @ Late Rajnet Manjhi R/o Chatur
Bagaha,Bishunpura Post - Bagaha Bishunpura Pashmi, P.S. - Jadopur, Dist. -
Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manish Kumar, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Baisi P.S. Case No. 410 of 2025 registered for
the alleged offences under Sections 8, 20(b)(ii)(B) of the
Narcotic Drug and Psychotropic Substances Act.
03. As per prosecution case, recovery of 10.650 kg of
Ganja was made from the petitioner while he had been
travelling in an Auto.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. No occurrence in the manner as alleged has ever taken
place. No recovery has been made from the conscious
Patna High Court CR. MISC. No.30388 of 2026(2) dt.11-05-2026
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possession of the petitioner and he has been falsely implicated
showing recovery of Ganja from him. The recovered substance
has not be sent to Forensic Lab for testing. Search and seizure
has been made in violation of the provisions of Section 50 of the
NDPS Act. The petitioner is having clean antecedent. The
petitioner is in custody since 06.10.2025 and charge-sheet has
been submitted.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
period of custody of the petitioner along with submission of
charge-sheet, the petitioner above named is directed to be
released on bail on furnishing bail bonds of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Special Judge, NDPS Act, Purnea/court
concerned in connection with Baisi P.S. Case No. 410 of 2025,
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 petitioner.
(ii) The petitioner will remain present on each and
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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 petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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