Patna High Court
Adalat Sah @ Adalat Sah KanuversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the petitioner is entitled to regular bail as the alleged quantity is not of commercial nature, there is no criminal antecedent, and the seizure was not in compliance with statutory requirements.
Summary
The petitioner, Kanu, was arrested in connection with a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act where 2.95 kg of ganja was allegedly recovered from a bike he was riding. He contended that the contraband was not in his possession, that the police seizure violated Section 105 of the BNSS, and that he has no prior criminal record. The State opposed his bail application, arguing the seriousness of the offence. The Court examined the facts, noted the quantity was far below commercial levels, considered the alleged procedural lapse in seizure, and the petitioner’s clean antecedent. Consequently, the Court ordered that the petitioner be released on regular bail upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail under the NDPS Act despite the alleged recovery of 2.95 kg of ganja.
- Whether the alleged non‑compliance with Section 105 of the BNSS during seizure affects the grant of bail.
Legislation cited
- Bihar Narcotic Substances (BNSS) Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(B), 25, 27(A), 29, 8
Subjects
- bail
- NDPS Act
- drug possession
- seizure irregularities
- criminal antecedent
- quantity of narcotics
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39499 of 2026
Arising Out of PS. Case No.-40 Year-2026 Thana- BALTHAR District- West Champaran
======================================================
Adalat Sah @ Adalat Sah Kanu S/O Bhikham Sah @ Bhikham Sah Kanu R/O
Village-Jhalmahiya, PS-Budgai, Distt-Parsa(Nepal)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate
For the Opposite Party/s : Mr. Md. Ataur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 22-06-2026 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 Sections 8, 20(b) (ii)
(B), 27 (A), 25, 29 of the N.D.P.S. Act.
3. The case of the prosecution, in short, is that three
persons along with the petitioner were riding a bike and from
the possession of this petitioner altogether 2.950 kg of Ganja
was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. Learned counsel for the petitioner has
further been submitted that nothing has been recovered from the
possession of this petitioner. Petitioner was merely driving the
Patna High Court CR. MISC. No.39499 of 2026(2) dt.22-06-2026
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said bike. It has further been submitted that the seizure list
witnesses are police personnel and police has not complied
section 105 of the BNSS while preparing the seizure. It has
further been submitted that alleged recovery of contraband is
though more than small quantity but is much less than
commercial quantity. He has been falsely implicated in this case.
A statement has been made in para-3 that the Petitioner is
having no criminal antecedent. Moreover, he is languishing in
judicial custody since 28.02.2026.
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
Exclusive Special Judge (N.D.P.S.), Bettiah, West Champaran in
connection with Balthar P.S. Case No. 40 of 2026.
(Ashok Kumar Pandey, J)
Sneha/-
U T
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