Patna High Court
Aman KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Aman Kumar, sought regular bail in a case under sections 8(c), 21(c) and 22 of the NDPS Act where 100 grams of a smokable narcotic was seized from a rented house of a co‑accused. The prosecution alleged that the substance was recovered from the premises where the petitioner was present. The petitioner contended that he was innocent, that the seizure violated Section 105 of the Bihar Narcotic Substances (Seizure) Act, that the seizure list witnesses were police personnel, and that the quantity, though above the 'small' threshold, was far below a commercial amount; he also had no prior criminal record and had been in judicial custody since 18‑Oct‑2025. The State opposed the bail. After hearing both sides, the court found merit in the petitioner's arguments and ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether regular bail can be granted to an accused under the NDPS Act for possession of 100 grams of a narcotic substance.
- Whether the alleged non‑compliance with Section 105 of the Bihar Narcotic Substances (Seizure) Act and the nature of the seizure witnesses justify granting bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21, 22, 8
Subjects
- bail
- NDPS Act
- seizure procedure
- Section 105
- quantity of narcotic
- criminal antecedent
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3151 of 2026
Arising Out of PS. Case No.-602 Year-2025 Thana- BEUR District- Patna
======================================================
Aman Kumar Son of Mukesh Singh Resident of Village- Ghoghi, P.S.- PirO
Bazar, District- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sarvan Kumar, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 31-03-2026 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), 21(c)
and 22 of the N.D.P.S. Act.
3. The case of the prosecution is that altogether 100
grams of smack like substance was recovered from the rented
house of co-accused Santosh Kumar. Petitioner was also present
in that room.
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.SS. has not been complied and the seizure list witnesses
Patna High Court CR. MISC. No.3151 of 2026(3) dt.31-03-2026
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are police personnel. It has also been submitted that though the
quantum of the contraband which has been recovered 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 18.10.2025.
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
Beur P.S. Case No. 602 of 2025 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/Special Judge,
NDPS, Patna.
(Ashok Kumar Pandey, J)
shubham/-
U T
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