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Patna High Court

Pramod KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner subject to a bond of Rs.10,000 and two sureties.

Summary

Petitioner Pramod Kumar was arrested in connection with a case under the NDPS Act for alleged possession of 11.50 grams of heroin, charged under Sections 8(c), 21(b) and 25. He contended that no contraband was actually recovered from him, that the seizure was not made in compliance with Section 105 of the BNSS, and that the quantity involved was far below commercial levels. The State opposed bail, highlighting three prior criminal cases against the petitioner. After hearing both sides, the Court considered the factual circumstances, the nature of the quantity, and the petitioner’s custody status since 11 May 2026. The Court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount, to be satisfied before the Sessions Judge‑cum‑Special Judge, NDPS Act, Vaishali.

Issues considered

  • Whether bail can be granted to an accused under the NDPS Act for possession of a small quantity of narcotic substance
  • Whether non‑compliance with Section 105 of the BNSS during seizure affects the bail decision
  • Impact of the petitioner’s prior criminal antecedents on the grant of bail

Legislation cited

Subjects

  • bail
  • NDPS Act
  • drug possession
  • seizure procedure
  • prior convictions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41912 of 2026
                        Arising Out of PS. Case No.-439 Year-2026 Thana- NAGAR District- Vaishali
                 ======================================================
                 Pramod Kumar S/O Sonelal Ray R/O Village- Chaknoor, P.S.- Sadar, Distt.-
                 Vaishali.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ashok Kumar Mishra, Advocate
                 For the Opposite Party/s :        Mr. Suman Kumari Singh, 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 bail in connection

                   with Nagar P.S. Case No.439 of 2026 registered for the offence

                   punishable under Sections 8(c), 21(b) and 25 of the NDPS Act.

                                3. The case of the prosecution, in short, is that from

                   possession of this petitioner, 11.50 gm of heroin like contraband

                   was recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that nothing has been recovered from

                   the possession of the petitioner. It has further been submitted

                   that the witnesses of the seizure list are police personnel and

                   police have not complied Section 105 of the BNSS while

                   making seizure. It has further been submitted that the alleged
            Patna High Court CR. MISC. No.41912 of 2026(2) dt.29-06-2026
                                                        2/2




                      recovery of contraband is though more than small quantity but is

                      much less than commercial quantity. It has further been

                      submitted that the petitioner is in judicial custody since

                      11.05.2026.

                                   5. The application for bail is opposed by learned APP

                      for the State. It has been submitted that the petitioner is having

                      criminal antecedent of three cases.

                                   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 court of learned

                      Sessions Judge-cum-Special Judge, NDPS Act, Vaishali in

                      connection with Nagar P.S. Case No.439 of 2026.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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