Patna High Court
Anshu Raj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail is appropriate despite the quantity exceeding the small quantity because the contraband is not of commercial scale and procedural lapses are not fatal, given the petitioner’s clean record and custody circumstances.
Summary
Anshu Raj Kumar was arrested in connection with an NDPS case for alleged possession of 5.4 g of alprazolam, a quantity exceeding the statutory ‘small quantity’ but far below a commercial amount. The petitioner claimed innocence, asserted that no contraband was found on him, and alleged that the police failed to comply with Section 105 of the BNSS during the search and seizure. He also highlighted his clean antecedents, the bail already granted to co‑accused, and his prolonged custody since 8 March 2026. The State opposed bail, citing the quantity seized. The Court, after considering the modest excess over the small‑quantity threshold, the procedural lapse, the petitioner’s background and custody duration, ordered his release on bail with a Rs 10,000 bond, two sureties and conditions under Section 480(3) of the BNSS.
Issues considered
- Whether bail can be granted in an NDPS case where the seized quantity exceeds the statutory small quantity.
- Whether non‑compliance with Section 105 of the BNSS invalidates the prosecution’s case.
- Whether the petitioner’s period of custody and clean antecedent justify bail despite the quantity seized.
Legislation cited
- Bihar Narcotic Drugs and Psychotropic Substances Act — s. 105, 480(3)
- Narcotic Drugs and Psychotropic Substances Act — s. 21, 22(b)
Subjects
- bail
- NDPS Act
- small quantity
- Section 105
- procedural lapse
- custody
- contraband
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31961 of 2026
Arising Out of PS. Case No.-228 Year-2026 Thana- AGAMKUAN District- Patna
======================================================
Anshu Raj Kumar son of Ram Nath Mahto @ Ram Nath Kumar R/O Jaypur
Dhanuki, P.S- Agamkuan, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhirendra Prasad Sinha, Avocate
For the Opposite Party/s : Mr.Satya Nand Shukla, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 15-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Agamkuan P.S. Case No. 228 of 2026
registered for the alleged offences under Sections 21, 22(b) of
the Narcotic Drug and Psychotropic Substances Act.
03. As per prosecution case, three persons on a bike
were apprehended by the police and on search, altogether 5.4
gram of Alprazolam was recovered from their possession.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. Nothing incriminating has been recovered from person or
possession of the petitioner. Though the quantum of contraband
seized more than the small quantity but much less than the
Patna High Court CR. MISC. No.31961 of 2026(2) dt.15-05-2026
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commercial quantity. Learned counsel further submits that
mandatory provisions of Section 105 of BNSS have not been
followed while making search and seizure and the seizure list
witnesses are the police personnel. Learned counsel further
submits that co-accused persons, namely Sashi Kumar @ Shahi
Kumar and Premjit Kumar have been granted bail by a learned
Co-ordinate Bench vide order dated 04.05.2026 passed in
Criminal Misc. No. 28251 of 2026 and order dated 06.05.2026
passed in Criminal Misc. No. 29578 of 2026, respectively. The
petitioner is having clean antecedent and is in custody since
08.03.2026.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
seizure of contraband which is just more than the small quantity
and further considering the period of custody of the petitioner,
the petitioner above named is directed to be released on bail on
furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Sessions Judge/Special Judge, NDPS Act, Patna/court
concerned in connection with Agamkuan P.S. Case No. 228 of
Patna High Court CR. MISC. No.31961 of 2026(2) dt.15-05-2026
3/3
2026, subject to the conditions mentioned in Section 480(3) of
BNSS and the following conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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