Patna High Court
Golu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
Golu Kumar was arrested in connection with a case registered under Section 21(b) of the NDPS Act for allegedly possessing 17.12 grams of brown sugar. The petitioner claimed innocence, asserted that the seizure was not conducted in accordance with Section 105 of the BNSS, and highlighted that the quantity was below commercial levels and that he had no prior criminal record. The State opposed bail, arguing the seriousness of the offence. After hearing both sides, the Court considered the procedural lapses, the small quantity involved, and the petitioner’s lack of antecedents, and decided to grant bail. The bail was conditioned on a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Sessions Judge/Special Judge, NDPS, Patna.
Issues considered
- Whether bail should be granted to the accused under Section 21(b) of the NDPS Act considering the quantity of contraband and alleged procedural irregularities in the seizure.
Legislation cited
Subjects
- bail
- NDPS Act
- Section 21(b)
- small quantity
- procedural lapse
- seizure
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31611 of 2026
Arising Out of PS. Case No.-367 Year-2025 Thana- PUNPUN District- Patna
======================================================
Golu Kumar son of Late Chamcham Paswan Resident of Village -Punpun
Pakri PS- Punpun Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar Singh, Advocate.
For the Opposite Party/s : Mr. Md. Matloob Rab, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 12-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Punpun P.S. Case No. 367 of 2025 registered for the
offence punishable under Section 21(b) of the N.D.P.S. Act.
3. The case of the prosecution, in short, is that from
the possession of this petitioner, altogether 17.12 grams of
brown sugar like contraband was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that nothing has been recovered from the
possession of the petitioner. The witnesses of the seizure list are
police personnel and the police have not complied with Section
Patna High Court CR. MISC. No.31611 of 2026(2) dt.12-05-2026
2/2
105 of the BNSS while making the seizure. He further submits
that the alleged recovery of contraband is though more than
small quantity but is less than commercial quantity. Moreover, a
statement has been made in para 3 of the petition that petitioner
has no criminal antecedent and he is languishing in judicial
custody since 21.12.2025.
5. The application for bail is opposed by learned APP
for the State.
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 enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Sessions Judge/Special Judge, NDPS, Patna in connection with
Punpun P.S. Case No. 367 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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