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Patna High Court

Abhiseikh KumarversusThe State Of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the petitioner is entitled to regular bail as the quantity seized is not commercial, there is no criminal antecedent, and procedural lapses in the seizure warrant his release.

Summary

The petitioner, Abhiseikh Kumar, was arrested after police recovered 17 grams of smack from beneath his bed in a case under sections 8(c) and 21(b) of the NDPS Act. He claimed innocence, arguing that the seizure violated Section 105 of the Bihar Narcotic Substances Act and that the recovered quantity, though more than a ‘small quantity’, was far below a commercial amount. The petitioner also highlighted his clean criminal record and that he had been in judicial custody since 26 February 2026. The State opposed regular bail, contending the seriousness of the offence. After hearing both sides, the High Court granted regular bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, finding that the procedural lapse and the modest quantity justified release.

Issues considered

  • Whether the petitioner is entitled to regular bail under the NDPS Act despite the seizure of narcotics.
  • Whether non‑compliance with Section 105 of the Bihar Narcotic Substances Act during seizure affects the bail decision.
  • Whether the quantity of narcotics recovered qualifies as ‘small quantity’ for the purpose of granting bail.
  • Whether the petitioner’s lack of prior criminal antecedents influences the bail grant.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • small quantity
  • procedural lapse
  • seizure
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30853 of 2026
                     Arising Out of PS. Case No.-113 Year-2026 Thana- RAJAPAKAR District- Vaishali
                 ======================================================
                 Abhiseikh Kumar S/O Late Vinod Baitha Resident Of Village- Dayalpur, P.s.-
                 Baranti, Dist.- Vaishali

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State Of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Mukesh Kumar
                 For the Opposite Party/s :       Mr.Sunil Kumar Pandey
                 ======================================================
                 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) and

                   21(b) of the NDPS Act.

                                3. The case of the prosecution is that beneath the bed

                   of the petitioner, altogether 17 grams of smack was recovered.

                                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. Learned counsel for the

                   petitioner has submitted that while making seizure, Section 105

                   of B.N.S.S. 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
            Patna High Court CR. MISC. No.30853 of 2026(2) dt.07-05-2026
                                                        2/2




                      possession of this petitioner is more than small quantity but is

                      much less than commercial quantity. Petitioner is having no

                      criminal antecedent. Moreover, he is languishing in judicial

                      custody since 26.02.2026.

                                   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

                      Raja Pakar P.S. Case No. 113 of 2026 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned Sessions Judge-cum-Special

                      Judge (NDPS Act), Vaishali at Hajipur.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T


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