Patna High Court
Gaurav Kumar SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- B.N.S.S. — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 22
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
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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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