Patna High Court
Santosh Kumar NatversusThe state of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner, holding that the intermediate quantity and period of custody warranted release on bail.
Summary
Santosh Kumar was arrested in connection with a case under Sections 8, 22 and 21(b) of the NDPS Act after 20 grams of brown sugar was recovered. He claimed innocence, stating that nothing was found in his conscious possession and that he had been in custody since 23 February 2026. The State opposed his regular bail application. The High Court considered the length of his custody and the fact that the seized quantity was intermediate, and consequently allowed the bail. He was released on a bail bond of Rs.10,000 with two sureties of the same amount, subject to attending the police station every Sunday, with a warning that non‑appearance would lead to cancellation of bail.
Issues considered
- Whether regular bail should be granted to an accused under Sections 8, 22 and 21(b) of the NDPS Act when the seized quantity is intermediate and the accused has been in custody for several months.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 22, 8
Subjects
- bail
- NDPS Act
- intermediate quantity
- regular bail
- custody
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41344 of 2026
Arising Out of PS. Case No.-92 Year-2026 Thana- HARNAUT District- Nalanda
======================================================
Santosh Kumar Nat S/O Late Shiv Kumar Nat R/O Village - Sabniwa, P.S.-
Athmalgola,, District - Patna
... ... Petitioner/s
Versus
The state of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar S.K., Advocate
For the State : Mr.Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioners seek bail in connection with
Harnaut P.S. Case No. 92 of 2026 registered for the offence
punishable under Sections 8, 22 and 21(b) of the NDPS Act.
3. As per the prosecution case, 20 grams of brown
Sugar has been recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. Nothing has been recovered from the conscious
possession of the petitioner. The petitioner is in custody since
23.02.2026.
5. Learned APP appearing for the State opposes the
prayer for regular bail of the petitioner.
Patna High Court CR. MISC. No.41344 of 2026(2) dt.24-06-2026
2/2
6. Considering the period of custody and the fact that
the recovery is of intermediate quantity, this application is
allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of the learned Principal Sessions Judge-cum-Special
Judge, Nalanda at Biharsharif/ concerned Court below in
connection with Harnaut P.S. Case No. 92 of 2026.
8. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at
Athmalgola Police Station, District- Patna on every Sunday of
the month. Any default in appearance at the police station will
result in cancellation of bail bonds of the petitioner.
9. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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