Patna High Court
Pramod KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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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