Patna High Court
Shubham KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Shubham Kumar, was arrested for alleged possession of 6.36 grams of contraband (smack) under multiple statutes including the NDPS Act, Arms Act, and Bihar Prohibition & Excise Act. He contended that he was falsely implicated, that the seizure was effected without compliance of Section 105 of the Bhartiya Nayan Sahita (BNS) and that the seized quantity, though more than a small amount, was far below commercial quantity. The State opposed the grant of regular bail, emphasizing the seriousness of the offences and the petitioner’s three prior criminal antecedents. After hearing both sides, the Court considered the procedural irregularities, the modest quantity involved, and the petitioner’s custodial period since December 2025. The Court consequently ordered the petitioner’s release on regular bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount, subject to the satisfaction of the Sessions Judge/Special Judge (NDPS), Patna.
Issues considered
- Whether regular bail should be granted in a case involving possession of 6.36 grams of contraband under the NDPS and related statutes.
- Whether the alleged non‑compliance with Section 105 of the Bhartiya Nayan Sahita affects the validity of the seizure and the bail decision.
- Whether the quantity of contraband, the petitioner’s prior criminal antecedents, and the period of custodial detention justify denial of bail.
Legislation cited
- Arms Act, 1959 — s. 25(1-B)(a), 26, 35
- Bhartiya Nayan Sahita (BNS) 2023 — s. 105, 111(2)(a)
- Bihar Prohibition & Excise Act — s. 30(a)
- NDPS Act, 1985 — s. 18(b), 21(c), 22(b), 22(c), 30, 31, 8(c)
Subjects
- bail
- NDPS
- possession of contraband
- procedural lapse
- quantity of narcotics
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41219 of 2026
Arising Out of PS. Case No.-975 Year-2025 Thana- MANER District- Patna
======================================================
Shubham Kumar S/o Ramesh Prasad R/o -Rusulpur Mohalla, P.O.- Maner,
P.S.- Maner, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mohit Raj, Advocate
For the Opposite Party/s : Mr. Tapeshwar Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 23-06-2026 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 offences punishable under sections 111(2) (a) of
Bhartiya Nayan Sahita (BNS) 2023, 8 (c), 18(b), 21(c), 22(b), 22(c),
30, & 31 of N.D.P.S. Act, 1985, 25 (1-B) (a), 26, 35 of Arms Act,
1959 and 30 (a) of Bihar Prohibition & Excise Act.
3. The case of the prosecution is that from the possession
of this petitioner, altogether 6.36 grams smack like contraband was
recovered.
4. Learned counsel for the petitioner has submitted that
the petitioner is innocent and has committed no offence. He has
falsely been implicated in this case. Nothing has been recovered
from the possession of the petitioner. Learned counsel for the
petitioner has submitted that while making seizure, Section 105 of
Patna High Court CR. MISC. No.41219 of 2026(2) dt.23-06-2026
2/2
B.N.S.S. has not been complied and the seizure list witnesses are
police personnel. It has also been submitted 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 three criminal antecedents.
Moreover, he is languishing in judicial custody since 28.12.2025.
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
Maner P.S. Case No. 975 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount each
to the satisfaction of Court of Sessions Judge/Special Judge
(NDPS), Patna.
Sneha/-
Dolly/- (Ashok Kumar Pandey, J)
U T
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