Patna High Court
Raushan Kumar DasversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner on the condition of a Rs 10,000 bond and two sureties.
Summary
Raushan Kumar Das was arrested in connection with a case registered under Sections 8(c) and 21(b) of the NDPS Act and Sections 25(1‑b)a, 26 and 25 of the Arms Act. The prosecution alleged that a live cartridge and a mobile phone were recovered from his possession, while a separate co‑accused, Rahul, was found with 64.91 g of brown sugar. The petitioner contended that no contraband was seized from him, that the seizure violated Section 105 of the BNSS, and that he had been in judicial custody since 27‑02‑2026. The State opposed bail, citing a prior criminal case. After hearing both sides, the Court found the procedural lapse and lack of direct contraband evidence sufficient to grant bail, subject to a bond of Rs 10,000 and two sureties.
Issues considered
- Whether bail should be granted to the petitioner under the NDPS and Arms Acts given the facts of the case.
- Whether the alleged violation of Section 105 of the BNSS during seizure affects the grant of bail.
- Whether the petitioner’s prior criminal antecedent precludes bail.
Legislation cited
- Arms Act — s. 25, 25(1‑b)a, 26
- BNSS — s. 105
- Narcotic Drugs and Psychotropic Substances Act — s. 21(b), 8(c)
Subjects
- bail
- NDPS Act
- Arms Act
- seizure procedure
- Section 105
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31757 of 2026
Arising Out of PS. Case No.-43 Year-2026 Thana- SAKRI District- Madhubani
======================================================
Raushan Kumar Das S/o Sukhram Das Resident of Village- Bhawanipur,
Police Station- Sakri, District-Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Md. Soban Asghar, Advocate
For the Opposite Party/s : Mr. Parmanand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Sakri P.S. Case No.43 of 2026 registered for the offence
punishable under Sections 8(c) and 21(b) of the NDPS Act and
under Sections 25(1-b)a, 26 and 25 of the Arms Act.
3. The case of the prosecution, in short, is that from
possession of this petitioner, one live cartridge and mobile was
recovered. It is alleged that from co-accused Rahul, 64.91 gm of
brown sugar like contraband was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that no contraband has been recovered
from the possession of this petitioner; only a live cartridge and
mobile has been recovered as per the case of the prosecution. It
Patna High Court CR. MISC. No.31757 of 2026(2) dt.13-05-2026
2/2
has further been submitted that the witnesses of the seizure list
are police personnel and police have not complied Section 105
of the BNSS while making seizure. It has lastly been submitted
that the petitioner is in judicial custody since 27.02.2026.
5. The application for bail is opposed by learned APP
for the State. He has submitted that the petitioner is having
criminal antecedent of one case.
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 court of learned
Principal Session Judge, Madhubani in connection with Sakri
P.S. Case No.43 of 2026.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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