Patna High Court
Ashok RamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Ashok Ram was arrested in connection with a case under sections 8 and 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act after 2.330 kg of ganja was seized from his house. The petitioner claimed he had no conscious possession, argued that the seizure violated Section 105 of the Bihar Narcotic Substances (Control) Act, and highlighted that the quantity was far below commercial levels and that he had no prior criminal record. The State opposed the grant of regular bail. After hearing both sides, the Patna High Court considered the procedural lapse, the small quantity, and the lack of antecedents, and ordered the petitioner’s release on regular bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Special Judge. The order effectively secured the petitioner’s liberty while the trial proceeds.
Issues considered
- Whether the petitioner is entitled to regular bail under the NDPS Act for alleged possession of 2.330 kg of ganja.
- Whether non‑compliance with Section 105 of the Bihar Narcotic Substances (Control) Act during seizure warrants bail.
- Whether the quantity of narcotic seized, being less than commercial quantity, influences the grant of bail.
Legislation cited
- Bihar Narcotic Substances (Control) Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(B), 8
Subjects
- bail
- NDPS Act
- possession
- seizure procedure
- quantity of narcotics
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41212 of 2026
Arising Out of PS. Case No.-120 Year-2026 Thana- PURNEA SADAR District- Purnia
======================================================
Ashok Ram Son of Kishori Das Resident of - Chauhan Tola, Khushkibag,
P.S.- Sadar, District - Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 29-06-2026 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) of the N.D.P.S. Act.
3. The case of the prosecution is that from the house
of this petitioner, altogether 2.330 kg of ganja was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
falsely been implicated in this case. Nothing has been recovered
from his conscious possession. Learned counsel for the
petitioner has further submitted that while making seizure,
Section 105 of B.N.S.S. has not been complied and the seizure
list witnesses are police personnel. It has also been submitted
Patna High Court CR. MISC. No.41212 of 2026(2) dt.29-06-2026
2/2
that though the quantum of the contraband which has been
recovered from the possession of this petitioner is more than
small quantity but is much less than commercial quantity.
Petitioner is having no criminal antecedent. Moreover, he is
languishing in judicial custody since 03.03.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular 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 released on bail in connection with
Sadar P.S. Case No. 120 of 2026 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Special Judge, N.D.P.S. Act,
Purnea.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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