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Patna High Court

Alok kumar @ AlokversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
           Patna High Court CR. MISC. No.30388 of 2026(2) dt.11-05-2026
                                                       3/3




                                  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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