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Patna High Court

Gaurav Kumar SahversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Gaurav Kumar Sah, sought regular bail in a case under Sections 21(b) and 22 of the NDPS Act after police recovered 102.80 grams of brown sugar and a mobile phone from a green bag found unclaimed. The petitioner contended that he was falsely implicated, that the bag did not belong to him, and that the seizure violated mandatory provisions of Section 105 of the B.N.S.S, noting the quantity was more than a small amount but far below commercial levels and that he had no prior criminal record. The State opposed the bail application. Considering the lack of direct possession, procedural lapses in the seizure, the modest quantity involved, and the petitioner's clean record, the court inclined to grant bail. The court ordered his release on a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Chief Judicial Magistrate, Bhagalpur. The order was pronounced by Justice Ashok Kumar Pandey.

Issues considered

  • Whether the petitioner is entitled to regular bail under the NDPS Act given the facts of the case
  • Whether the seizure complied with the mandatory provisions of Section 105 of the B.N.S.S
  • Whether the quantity of narcotic recovered warrants denial of bail

Legislation cited

Subjects

  • bail
  • NDPS Act
  • drug possession
  • seizure procedure
  • Section 105
  • quantity of narcotic
  • regular bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34913 of 2026
                    Arising Out of PS. Case No.-27 Year-2026 Thana- BHAGALPUR KOTWALI District-
                                                         Bhagalpur
                 ======================================================
                 Gaurav Kumar Sah, S/O Late Shyam Prasad Sah @ Shyamlal Sah, R/O
                 Mohalla- Mohaddinagar, P.S.- Babarganj, Distt.- Bhagalpur.

                                                                               ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Manendra Kumar Sinha, Advocate
                 For the Opposite Party/s :      Mr. Ram Priya Sharan Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   20-05-2026                    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 21(b),

                   22 of the NDPS Act.

                                   3. The case of the prosecution, in brief, is that the

                   informant has informed the police that a green bag was lying

                   unclaimed. On this information, the bag was searched and from

                   there altogether 102.80 gram of Brown Sugar and a mobile

                   phone was recovered.

                                   4. Learned counsel for the petitioner submits that

                   the petitioner is innocent and has falsely been implicated in the

                   present case. It is further submitted that, nothing has been
            Patna High Court CR. MISC. No.34913 of 2026(2) dt.20-05-2026
                                                        2/2




                      recovered from possession of the petitioner. The bag from which

                      the recovery has been made does not belong to the petitioner. It

                      is also submitted that all the witnesses to the seizure list are

                      police personnel, and the police have not complied the

                      mandatory provisions of Section 105 of the B.N.S.S. It is further

                      argued that the alleged recovered quantity is more than small

                      quantity but significantly less than commercial quantity. The

                      petitioner is in custody since 03.03.2026 and has no criminal

                      antecedent.

                                      6. Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail.

                                      7.        Considering      the       aforesaid   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 Kotwali (Bhagalpur) P.S.

                      Case No. 27 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      Chief        Judicial   Magistrate,

                      Bhagalpur/concerned Court.


                                                (Ashok Kumar Pandey, J)
khushbu/-

U      T


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