Patna High Court
Shekhar Kumar @ JimmiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, directing a bond of Rs.10,000 with two sureties.
Summary
Shekhar Kumar was arrested in connection with a case under the NDPS Act for alleged possession of 102.54 grams of narcotic substance. The prosecution claimed the drugs were recovered from his possession, while the petitioner contended he was falsely implicated, that the seizure was not conducted in accordance with Section 105 of the Bihar Narcotic Substances Act and Sections 42 and 50 of the NDPS Act, and that the quantity, though above the small‑quantity threshold, was far below commercial quantity. He also highlighted his clean criminal record and his continued judicial custody since 6 April 2026. The State opposed bail, but the Court, after considering the procedural irregularities and the petitioner’s circumstances, ordered that bail be granted on a bond of Rs.10,000 with two sureties. The order directs compliance with the District & Sessions Judge‑cum‑Special Judge, NDPS Act, Patna.
Issues considered
- Whether bail should be granted in an NDPS case involving possession of more than a small quantity but less than commercial quantity.
- Whether non‑compliance with procedural requirements under Section 105 of the Bihar Narcotic Substances Act and Sections 42 and 50 of the NDPS Act warrants bail.
- Whether the petitioner’s lack of prior criminal record and custodial status affect the bail decision.
Legislation cited
- Bihar Narcotic Substances Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21, 22, 42, 50, 8
Subjects
- bail
- NDPS Act
- drug possession
- procedural lapse
- seizure
- quantity threshold
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38110 of 2026
Arising Out of PS. Case No.-208 Year-2026 Thana- RAJIVNAGAR District- Patna
======================================================
Shekhar Kumar @ Jimmi Son of Shambhu Rai @ Shambhu Sharan Lal R/V-
Masurahi, Ward No- 10, P.s- Masaurhi Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ghanshyam Tiwary, Advocate.
For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 18-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Rajeev Nagar P.S. Case No. 208 of 2026 registered for the
offence punishable under Sections 8/21 (b) and 22 of the
N.D.P.S. Act.
3. The case of the prosecution, in short, is that from
the possession of this petitioner, 102.54 grams of smack was
recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that nothing has been recovered from the
possession of the petitioner. The witnesses of the seizure list are
Patna High Court CR. MISC. No.38110 of 2026(2) dt.18-06-2026
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police personnel and the police has not complied with Section
105 of the BNSS while making the seizure. Police has also not
complied with Sections 42 and 50 of the N.D.P.S. Act. He
further submits that the alleged recovery of contraband is
though more than small quantity but is much less than
commercial quantity. Moreover, a statement has been made in
para 3 of the petition that petitioner has no criminal antecedent
and he is languishing in judicial custody since 06.04.2026.
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 learned District
& Sessions Judge-cum-Special Judge, NDPS Act, Patna in
connection with Rajeev Nagar P.S. Case No. 208 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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