Patna High Court
Uttam Kumar @ Uttam Kumar MandalversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.
Summary
The petitioner, Uttam Kumar, was arrested in connection with a case registered under Sections 21(c) and 22(c) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for alleged possession of 7.9 grams of brown sugar. He contended that the seizure was unlawful, that the police failed to comply with Section 105 of the BNSS Act, and that no contraband was actually recovered from his possession. The petitioner also highlighted his clean criminal record and that he had been in judicial custody since 19 October 2025. The State opposed the bail application, arguing the seriousness of the offence under the NDPS Act. After considering the facts, the court found the quantity to be small and the procedural lapses significant, and consequently granted bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail can be granted in an NDPS case involving a small quantity of narcotic substance.
- Whether the seizure of the alleged narcotic complied with the procedural requirements of Section 105 of the BNSS Act.
- Whether the petitioner’s lack of criminal antecedents and custodial duration justify bail.
Legislation cited
- BNSS Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act — s. 21(c), 22(c)
Subjects
- bail
- NDPS Act
- small quantity
- seizure procedure
- Section 105 BNSS
- criminal antecedent
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4870 of 2026
Arising Out of PS. Case No.-256 Year-2025 Thana- Rangara District- Bhagalpur
======================================================
Uttam Kumar @ Uttam Kumar Mandal S/o Rajendra Mandal R/o Village-
Rangara, P.S- Rangara, Dist- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prerna Anand, Advocate
For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 03-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Rangara P.S. Case No. 256 of 2025 registered for the
offence punishable under Sections 21(c)/22(c) of the N.D.P.S.
Act.
3. The case of the prosecution in short is that from the
pocket of the petitioner, altogether 7.9 gram of brown 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
case. Learned counsel for the petitioner submits that nothing has
been recovered from the possession of this petitioner. He also
Patna High Court CR. MISC. No.4870 of 2026(2) dt.03-02-2026
2/2
submits that the witnesses of the seizure list are police
personnel. Police has not complied with Section 105 of the
BNSS. He also submits that the alleged recovery of the brown
sugar is though more than small quantity but is much less than
commercial quantity. He further submits that a statement has
been made in para 3 of the petition that petitioner has no
criminal antecedent and he is languishing in judicial custody
since 19.10.2025.
5. The application for bail is opposed by learned APP
for the State.
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, Bhagalpur in connection with Rangara P.S.
Case No. 256 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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