Patna High Court
Satish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner, subject to bond and conditions, finding the quantity small and the procedural lapses insufficient to deny bail.
Summary
Satish Kumar was arrested for allegedly possessing 14 grams of brown sugar, alleged contraband under Sections 8(c), 21(c) and 22(c) of the NDPS Act. The petitioner claimed innocence, argued that the seizure was irregular, and highlighted that the quantity was well below the commercial threshold of 50 grams and only marginally above the small‑quantity limit of 5 grams, with a clean antecedent and a custody period since 15‑04‑2026. The State contended that the petitioner was caught red‑handed. The court examined the quantity, the procedural aspects of the search, and the petitioner’s background, and concluded that bail was appropriate. Accordingly, the court ordered release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 480(3) of the B.N.S.S. and additional safeguards. The bail was granted subject to compliance with the stipulated conditions.
Issues considered
- Whether bail should be granted to the accused under the NDPS Act given the quantity of contraband seized.
- Whether the seizure and search complied with mandatory procedural requirements.
- Whether the quantity of 14 gms qualifies as a ‘small quantity’ warranting bail under the NDPS Act.
Legislation cited
- B.N.S.S. — s. 480(3)
- Narcotic Drugs and Psychotropic Substances Act — s. 21(c), 22(c), 8(c)
Subjects
- bail
- NDPS Act
- small quantity
- search and seizure
- contraband
- clean antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44093 of 2026
Arising Out of PS. Case No.-169 Year-2026 Thana- JAYNAGAR District- Madhubani
======================================================
Satish Kumar S/O Late Baban Mahto Resident of Vill.-Betauna Ward N. 7,
P.S.- Jaynagar, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shailendra Kumar Jha, Advocate
Ms. Isha Anu, Advocate
Mr. Abhijeet Kunal, Advocate
For the Opposite Party/s : Mr.Uday Chand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Jaynagar P.S. Case No. 169 of 2026 registered
for the alleged offences under Sections 8(c), 21(c), 22(c) of
N.D.P.S. Act.
03. As per prosecution case, the petitioner was
apprehended carrying 14 gms of brown sugar.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. Nothing incriminating has been recovered from the person
or possession of the petitioner. There is non-compliance of
Patna High Court CR. MISC. No.44093 of 2026(2) dt.08-07-2026
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mandatory provisions of search and seizure and the seizure
list witnesses are police officials. Learned counsel
further submits that the weight of contraband has been
taken along with polythene in which the contraband was
allegedly being carried. In any case, the weight of the brown
sugar is 14 gms which is more than the small quantity of 5 gms
and much less the commercial quantity of 50 gms. The
petitioner is having clean antecedent and he is in custody since
15.04.2026.
05. Learned APP opposes the submission made on
behalf of the petitioner. Learned APP submits that the
petitioner was caught red handed while taking 14 gms of brown
sugar.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
quantity of seized contraband which is much less the
commercial quantity and further considering the period of
custody of the petitioner and his clean antecedent, the petitioner
above named is directed to 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 learned Principal
Sessions Judge, Madhubani/concerned Court in connection with
Patna High Court CR. MISC. No.44093 of 2026(2) dt.08-07-2026
3/3
Jaynagar P.S. Case No. 169 of 2026, subject to the conditions
mentioned in Section 480(3) of B.N.S.S. and also the following
conditions :
(i) One of the bailors will be a close relative
of the petitioner.
(ii) The petitioner will remain present on
each and every date fixed by the court below.
(iii) In case of absence on three consecutive
dates or in violation of the terms of the bail,
the bail bond of the petitioner will be liable
to be cancelled by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
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