Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, directing him to furnish a bond of Rs 10,000 with two sureties.
Summary
The petitioner, Deepak Kumar, applied for bail in an NDPS case (G.R. No. 135 of 2025) alleging offences under Sections 8, 20(B)(ii)(C) and 25 of the Narcotic Drugs and Psychotropic Substances Act. The prosecution claimed that 2.018 kg of ganja was recovered from the petitioner’s backpack and that the substance originated from a co‑accused, Ramu Rai, from whose house a further 28.536 kg was seized. The petitioner contended that he was falsely implicated, that no contraband was actually recovered from him, that the police failed to comply with Section 105 of the B.N.S.S. during seizure, and that the quantity involved was far below commercial quantity. He had been in judicial custody since 3 October 2025. The State opposed bail. After hearing both sides, the Court found merit in the petitioner’s arguments and ordered that he be released on bail upon furnishing a bond of Rs 10,000 with two sureties.
Issues considered
- Whether bail can be granted in an NDPS case where the alleged quantity exceeds the ‘small quantity’ threshold but is argued to be less than commercial quantity.
- Whether non‑compliance with Section 105 of the B.N.S.S. during seizure vitiates the prosecution’s case and warrants bail.
- Whether the petitioner’s claim of innocence and lack of actual possession of the seized narcotic justifies bail.
Legislation cited
- B.N.S.S. — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20, 25, 8
Subjects
- bail
- NDPS Act
- drug possession
- procedural lapse
- seizure
- quantity of narcotics
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4698 of 2026
Arising Out of PS. Case No.-275 Year-2025 Thana- RAJEPUR District- East Champaran
======================================================
Deepak Kumar, Son of Harmod Rai, Resident of Village - Gosaipur, P.S.-
Rajepur, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 02-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with N.D.P.S. G.R. Case No. 135 of 2025 arising out of Rajepur
P.S. Case No. 275 of 2025 registered for the offence punishable
under Sections 8, 20(B)(ii)(C ) and 25 of the N.D.P.S. Act.
3. The case of the prosecution, in short, is that from
the backpack of this petitioner, altogether 2.018 Kg of ganja was
recovered. On being asked, he disclosed that he has received
this ganja from one Ramu Rai and it is further alleged that from
the house of Ramu Rai, further 28.536 Kg of ganja was
recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.4698 of 2026(2) dt.02-02-2026
2/2
case. Nothing has been recovered from his possession. The
witnesses of the seizure list are police personnel. Police has not
complied Section 105 of the B.N.S.S. while making the seizure.
It has further been submitted that in any view of the matter, the
contraband which is alleged to have been recovered is though
more than small quantity but is much less than commercial
quantity. Petitioner is languishing in judicial custody since
03.10.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
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 learned
Sessions Judge/Special Judge, East Champaran, Motihari in
connection with N.D.P.S. G.R. Case No. 135 of 2025 arising out
of Rajepur P.S. Case No. 275 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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