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Patna High Court

Amarnath KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner, directing him to furnish a bail bond of Rs. 10,000 with two sureties.

Summary

Amarnath Kumar applied for bail in a case registered under Sections 8(c) and 21(b) of the NDPS Act, alleging possession of 9.580 grams of brown sugar/smack. The prosecution claimed the contraband was recovered, while the petitioner contended that nothing was seized and that the police failed to comply with Section 105 of the BNSS during seizure. He also argued that the quantity, though more than a small amount, was far below commercial quantity and that he had no prior criminal record, having been in judicial custody since 12 April 2026. The State opposed the bail. After hearing both sides, the Court found the arguments on procedural lapse and the low quantity persuasive and ordered the petitioner to be released on bail upon furnishing a bond of Rs. 10,000 with two sureties.

Issues considered

  • Whether bail should be granted in an NDPS case involving alleged possession of 9.580 g of contraband.
  • Whether the seizure complied with Section 105 of the BNSS.
  • Whether the quantity involved qualifies as a commercial quantity under the NDPS Act.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • quantity threshold
  • seizure procedure
  • Section 105 BNSS
  • judicial custody
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37856 of 2026
                       Arising Out of PS. Case No.-186 Year-2026 Thana- GOPALPUR District- Patna
                 ======================================================
                 Amarnath Kumar Son of Bijendra Ray Resident of Village - Sirpathpur, P.S.-
                 Gopalpur, District - Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Jay Ram Prasad, Advocate
                 For the Opposite Party/s :       Ms. Madhuri Lata, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   17-06-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Gopalpur P.S. Case No.186 of 2026 registered for the

                   offence punishable under Sections 8(c) and 21(b) of the NDPS

                   Act.

                                3. The case of the prosecution, in short, is that from

                   possession of this petitioner altogether 9.580 gm of brown

                   sugar/smack 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.37856 of 2026(2) dt.17-06-2026
                                                        2/2




                      making seizure. It has further been submitted that the alleged

                      recovery of contraband is though more than small quantity but is

                      much less than commercial quantity. It has further been

                      submitted that the petitioner is having no criminal antecedent

                      and he is in judicial custody since 12.04.2026.

                                   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

                      Sessions Judge/Special Judge (NDPS), Patna in connection with

                      Gopalpur P.S. Case No.186 of 2026.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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