Patna High Court
Monu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court held that the petitioner is entitled to bail.
Summary
Monu Kumar was arrested in connection with a case registered under Sections 8(c) and 21(b) of the NDPS Act for allegedly possessing 5 grams of a "smack like" substance. He contended that he was falsely implicated, that the seized material had not been chemically verified, and that the seizure violated Sections 42 and 50 of the NDPS Act because the only witnesses were police officers. The State opposed his bail application. The Court examined the petitioner's claim of innocence, the lack of forensic evidence, his clean antecedents and the fact that he had been in custody since 23‑02‑2026. Concluding that the circumstances warranted relief, the Court granted regular bail on a bond of Rs. 20,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted in an NDPS case involving alleged possession of a small quantity of a narcotic substance.
- Whether the seizure complied with the procedural requirements of Sections 42 and 50 of the NDPS Act.
- Whether the absence of a forensic/chemical examination report precludes continued detention.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 42, 50, 8(c)
Subjects
- bail
- NDPS Act
- drug possession
- Section 8
- Section 21
- Section 42
- Section 50
- forensic report
- low quantity
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31870 of 2026
Arising Out of PS. Case No.-107 Year-2026 Thana- MALSALAMI District- Patna
======================================================
Monu Kumar, Son of Ranveer Kumar Saw @ Dharmvir Saw @ Ranveer Saw,
Resident of village- Daduchak Nagla, Savarchak P.S.- Malsalami District-
Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar Pradhan, Advocate
For the State : Mr. Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 12-05-2026 Heard learned counsel for the parties.
2. Petitioner seeks regular bail in connection with
Malsalami P.S. Case No. 107 of 2026 registered for the offences
punishable under Sections 8(c) and 21(b) of the NDPS Act.
3. The main submissions advanced by the petitioner’s
counsel are that the petitioner is innocent and he has falsely
been implicated in the present case and the alleged recovery
from the conscious possession of the petitioner is only 5 gram of
Smack like substance and the seized substance has merely been
presumed to be Smack like substance and no F.S.L./chemical
examination report has yet been brought on record to establish
the nature of the alleged contraband. It is further submitted that
there has been non-compliance of Sections 42 and 50 of the
NDPS Act and further, no independent witness was associated
Patna High Court CR. MISC. No.31870 of 2026(2) dt.12-05-2026
2/2
during the alleged recovery rather both seizure witness belong
to the police station itself. It is lastly submitted that petitioner
has fair and clean antecedent and he has been languishing in jail
since 23.02.2026.
4. Learned APP for the State has opposed the prayer
for bail of the petitioner.
5. In the facts and circumstances of this case, and
considering the statements made in the petition as well as the
above submissions, in my opinion, the petitioner deserves the
relief of bail. Accordingly, let the petitioner named-above be
released on bail on furnishing bail bond of Rs. 20,000/- (Rupees
Twenty Thousand) with two sureties of the like amount each to
the satisfaction of the concerned Court in connection with
Malsalami P.S. Case No. 107 of 2026.
(Shailendra Singh, J)
maynaz/krishna/-
U T
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