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Patna High Court

Santosh Kumar NatversusThe state of Bihar

Decided
Disposal
BAIL GRANTED

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

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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