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Patna High Court

Prince KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED
Bench
ANSUL

Holding

Bail was denied because the petitioner’s alleged direct involvement, the commercial quantity of narcotics seized, and indications of organized activity outweighed the grounds for release.

Summary

The petitioner, Prince Kumar, applied for bail in a case registered under Sections 8(c) and 21(c) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act after a vehicle stop led to the seizure of 285 grams of a smack-like substance. He contended that he was falsely implicated, that no contraband was found in his personal possession, and that the police failed to follow the procedural requirements of Section 50 of the NDPS Act during the search. The prosecution opposed bail, emphasizing that the seized quantity exceeded the commercial threshold and that the use of a mobile phone suggested organized drug trafficking. The court, after considering the direct involvement of the petitioner, the large quantity seized, and the indication of organized activity, declined to grant bail. The order was made on a prima facie basis and does not prejudice the merits of the trial.

Issues considered

  • Whether bail can be granted to the petitioner under Sections 8(c) and 21(c) of the NDPS Act given the facts of the case.
  • Whether the police complied with the procedural requirements of Section 50 of the NDPS Act during the search and seizure.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • drug trafficking
  • commercial quantity
  • search and seizure
  • organized crime
  • Section 50 compliance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35185 of 2026
                     Arising Out of PS. Case No.-51 Year-2026 Thana- BALRAMPUR District- Katihar
                 ======================================================
                 Prince Kumar S/o Arun Jaiswal, R/o Harnaut Chowk, P.S.- Gopalpur, Distt.-
                 Bhagalpur
                                                                            ... ... Petitioner
                                                  Versus
                 The State of Bihar
                                                                     ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sanjeev Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Uma Shankar Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

2   21-05-2026                     The matter was heard via video conferencing mode.

                                   2. Heard learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                   3. The petitioner seeks bail in connection with

                   Balrampur P.S. Case No. 51 of 2026, registered for the offences

                   punishable under Sections 8(c) and 21(c) of the N.D.P.S. Act.

                                   4. As per prosecution case, during the course of

                   vehicle checking, a car was signaled to stop and from the search of

                   the said car, recovery of 285 grams of smack like substance was

                   made.

                                   5. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the

                   present case. Nothing incriminating has been recovered from the

                   conscious possession of the petitioner. During search and seizure

                   the Police did not comply with the provision of Section 50 of the
          Patna High Court CR. MISC. No.35185 of 2026(2) dt.21-05-2026
                                                      2/2




                    N.D.P.S. Act. Learned counsel lastly submits that petitioner has

                    clean antecedent and he is in custody since 27.03.2026.

                                    6. Learned Additional Public Prosecutor for the State

                    has vehemently opposed the prayer for bail of the petitioner and

                    submits that 285 grams of smack was recovered from the car in

                    question which is more than the commercial quantity.

                                    7. Considering the aforesaid facts and circumstances

                    of the case, the direct involvement of the petitioner in the alleged

                    occurrence, the fact that he was arrested from the spot, the quantity

                    of recovered contraband and further considering the fact that use

                    of mobile phone for drug dealing indicates organized activity, this

                    Court is not inclined to grant bail to the petitioner.

                                    8. Accordingly, the prayer for bail of the petitioner

                    stands rejected.

                                    9. It is made clear that any observation made herein

                    is prima facie in nature and limited solely for the purpose of

                    adjudication of the present bail application. Such observation shall

                    not be construed as an expression on the merits of the case and

                    shall not influence the trial or any other proceedings in any

                    manner.


                                                                         (Ansul, J)

Shahnawaz/-
U     T


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