Patna High Court
Arun KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, directing a bond of Rs 10,000 with two sureties.
Summary
Arun Kumar was arrested in connection with a large drug seizure alleged to have taken place at Vijay Kumar Mahto’s house, involving various narcotic tablets, syrups, an injection and cash. He filed a regular bail application under Section 21(c) of the NDPS Act and Section 30(a) of the Bihar Prohibition and Excise Act, claiming he had no possession of the seized items, that the seizure was effected by police without complying with Section 105 of the B.N.S.S., and that he was merely a staff member framed by the real offender. The State opposed bail, but the court, after considering the lack of direct evidence against the petitioner, his clean record and the procedural lapse, ordered that he be released on bail upon furnishing a bond of Rs 10,000 with two sureties. The bail order was directed to be complied with by the Sessions Judge‑cum‑Special Judge (NDPS) in Sitamarhi. The petition was thus disposed in the petitioner’s favour.
Issues considered
- Whether the petitioner is entitled to regular bail under the NDPS Act and Bihar Prohibition and Excise Act given the circumstances of the case.
- Whether the alleged non‑compliance with Section 105 of the B.N.S.S. during seizure warrants granting bail.
- Whether the petitioner’s claim of no possession and being merely a staff member of the alleged offender is sufficient to justify bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 105
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(c)
Subjects
- regular bail
- NDPS Act
- Bihar Prohibition and Excise Act
- drug seizure
- Section 105 procedural lapse
- judicial custody
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38364 of 2026
Arising Out of PS. Case No.-61 Year-2026 Thana- BELA District- Sitamarhi
======================================================
Arun Kumar Son of Satyanarayan Panjiyar R/o Village- Sirsiya Bazar, P.S.-
Bela, District- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar, Advocate
For the Opposite Party/s : Mr. Rajendra Singh Shastri, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 30-06-2026 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 Section 21(c) of NDPS
Act and Section 30(a) of Bihar Prohibition and Excise Act.
3. The case of the prosecution, in short, is that from the
house of Vijay Kumar Mahto, Nitrazepam 1P- 10mg total 10,000
pieces tablet, Spasmo Proxyvon Plus tablet total 5472 pieces,
Blue-Spas Plus total 1056 pieces tablets, Nitrosum-10 total 920
pieces tablets, Nitravet-10 total 390 pieces tablets, I-Koff codeim
syrup- 100 ml total 605 pieces, Onerex codeim syrup-100 ml total
149 pieces, Tazowin injection total 38 pieces and three smart
phones and Indian, Nepali and American currency were
recovered..
4. Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.38364 of 2026(2) dt.30-06-2026
2/2
has submitted that petitioner is innocent and has committed no
offence. Learned counsel for the petitioner has submitted that
nothing has been recovered from the possession of this petitioner.
It has further been submitted that the seizure list witnesses are
police personnel. Police has not complied Section 105 of the
B.N.S.S. while making the seizure. It has further been submitted
that petitioner is a staff of Vijay Kumar Mahto that is why he has
been framed in this case. He has got no concern with the alleged
recovery. He is having no criminal antecedent and he is
languishing in judicial custody since 14.03.2026.
5. Learned APP appearing for the State has vehemently
opposed the application for bail.
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 Sessions Judge-
cum-Special Judge (NDPS Act), Sitamarhi in connection with
Bela P.S. Case No. 61 of 2026.
(Ashok Kumar Pandey, J)
lata/-
U T
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