Patna High Court
Abhiseikh KumarversusThe State Of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
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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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