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Patna High Court

Golu KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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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