Patna High Court
Dinesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner, finding no sufficient grounds to deny bail under the NDPS provisions.
Summary
The petitioner, Dinesh Kumar, was arrested in connection with the recovery of 13.60 kg of ganja from a tempo, alleged to be an offence under sections 8 and 20(b)(ii)(c) of the NDPS Act. He contended that he was merely a passenger, not the driver or owner, and that no contraband was found on his person. He also argued that the seizure did not comply with Section 105 of the B.N.S.S. and highlighted his lack of criminal antecedents and his custody since 28‑01‑2026. The State opposed regular bail, but the Court, after considering the facts, found no direct involvement and deemed the quantity below commercial levels. Consequently, the Court ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail under the NDPS Act given the quantity of narcotics involved.
- Whether the seizure complied with Section 105 of the B.N.S.S.
- Whether the petitioner’s role as a passenger precludes liability under sections 8/20(b)(ii)(c) of the NDPS Act.
Legislation cited
- B.N.S.S. — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20, 8
Subjects
- bail
- NDPS Act
- drug possession
- quantity of narcotics
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33026 of 2026
Arising Out of PS. Case No.-36 Year-2026 Thana- NADI P.S. District- Patna
======================================================
Dinesh Kumar S/O Lal Ray @ Lala Ray R/O Village- Jamalpur Naya Tola,
Mohanpur, P.S- Raghopur, Distt.- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar, Advocate
For the Opposite Party/s : Mr. Surendra Prasad Singh, A.P.P.
======================================================
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 regular bail in a case
registered for the offence punishable under sections 8/20(b)(ii)
(c) of the NDPS Act.
3. The case of the prosecution is that three persons
who were sitting on tempo and from tempo, altogether 13.60 kg
of ganja was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that the petitioner is
neither the driver nor the owner of the said tempo rather he is
passenger in that tempos. Nothing has been recovered from the
possession of the petitioner. He has no concern with the alleged
Patna High Court CR. MISC. No.33026 of 2026(2) dt.14-05-2026
2/2
contraband. It has further been submitted that the witnesses of
the seizure list are police personnel and police have not
complied section 105 of B.N.S.S. Though the alleged
contraband which has been recovered is more than small
quantity but is much less than commercial quantity and he has
no criminal antecedent. Moreover, the petitioner is languishing
in judicial custody since 28.01.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
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 released on bail in connection with
Nadi P.S. Case No. 36 of 2026 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Sessions Judge/ Special Judge
(NDPS) Patna.
(Ashok Kumar Pandey, J)
Shubham/-
Sneha/-
U T
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