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Patna High Court

Anshu Raj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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