Patna High Court
Amarnath KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Narcotic Substances (Suppression) Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 8(c)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.