Patna High Court
Sonu SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court held that bail should be granted as the alleged quantity was minimal, procedural lapses were noted, and the petitioner had no prior criminal antecedent.
Summary
The petitioner, Sonu Sah, was arrested in connection with a case registered under Section 111 of the Bihar Narcotic Substances (B.N.S.) Act and several provisions of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, after police claimed to have recovered 1.75 grams of brown sugar from his possession. The petitioner contended that no contraband was actually seized, that the police failed to comply with Section 105 of the B.N.S. Act during the seizure, and that the quantity alleged was far below the threshold for a serious offence, emphasizing his clean record and that he had been in judicial custody since 21‑02‑2026. The State opposed the bail application, arguing the seriousness of the offences. After hearing both sides, the Court considered the procedural lapse, the minimal quantity involved, and the petitioner’s lack of prior criminal history. Consequently, the Court ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties, directing compliance with the Principal District Session Judge, Bhagalpur.
Issues considered
- What is the applicability of bail provisions in cases involving alleged possession of narcotics under the B.N.S. and NDPS Acts?
- Whether the police complied with Section 105 of the B.N.S. Act during the seizure of the alleged contraband.
- Whether the small quantity (1.75 grams) of narcotics warrants denial of bail.
Legislation cited
- Bihar Narcotic Substances (B.N.S.) Act — s. 105, 111
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(a), 22, 27(a), 29, 8(c)
Subjects
- bail
- NDPS Act
- small quantity
- police seizure
- Section 105
- B.N.S. Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32969 of 2026
Arising Out of PS. Case No.-43 Year-2026 Thana- ISHAKCHAK District- Bhagalpur
======================================================
Sonu Sah S/o Late Pradeep Sah R/o Village - Purani Bada, P.S. - Ishipur,
Barahat, District - Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjan Kumar Jha
For the Opposite Party/s : Mr. Sanjay Kr. Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 14-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Ishakchak P.S. Case No. 43 of 2026 registered for the
offence punishable under Sections 111 of B.N.S. and Sections
8(c), 21(a), 22, 27(a), 29 of N.D.P.S. Act.
3. The case of the prosecution, in short, is that from
the possession of this petitioner 1.75 grams of brown sugar was
recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that nothing has been recovered from
the possession of this petitioner. It 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
Patna High Court CR. MISC. No.32969 of 2026(2) dt.14-05-2026
2/2
making seizure. It has further been submitted that alleged
recovered of contraband is much lessor than the small quantity,
the petitioner is having no criminal antecedent and he is in
judicial custody since 21.02.2026.
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 court of learned
Principal District Session Judge, Bhagalpur, in connection with
Ishakchak P.S. Case No. 43 of 2026.
(Ashok Kumar Pandey, J)
sanjeev/-
U T
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