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Patna High Court

Abhimanyu KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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, Abhimanyu Kumar, applied for bail in a case registered under Sections 8(c) and 21(c) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, alleging that 5.16 grams of a 'smack‑like' substance was seized from his left pocket. The prosecution contended that the substance was recovered in plastic pouches, while the petitioner claimed innocence, arguing that the seizure was not made in compliance with Section 105 of the Bihar Narcotic Substances Act and that the quantity involved is either a small or non‑commercial amount. He also highlighted his clean criminal record and that he had been in judicial custody since 12‑12‑2025. The State opposed the bail application. After considering the facts, the court found that the quantity was not sufficient to justify continued detention and that procedural lapses existed, and therefore ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to bail under the NDPS Act given the quantity of narcotic seized.
  • Whether the seizure complied with the procedural requirements of Section 105 of the Bihar Narcotic Substances Act.
  • Whether the quantity seized qualifies as a 'small quantity' or a 'commercial quantity' for the purpose of bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • small quantity
  • procedural lapse
  • seizure
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4980 of 2026
                 Arising Out of PS. Case No.-515 Year-2025 Thana- BEGUSARAI TOWN District- Begusarai
                 ======================================================
                 Abhimanyu Kumar, S/O Late Vijay Singh, R/O- Village- Sihma (Uttarbari
                 Tola) Ward No. 1, P.S- Matihani, Distt.- Begusarai, State- Bihar, Pin- 851129.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Arvind Kumar, Advocate
                 For the Opposite Party/s :      Mr. Ashok Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   04-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Town P.S. Case No. 515 of 2025 registered for the offence

                   punishable under Sections 8(c) and 21(c) of NDPS Act.

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

                   the left pocket of this petitioner, altogether 5.16 grams of smack

                   like substance in plastic pouches 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. 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.
             Patna High Court CR. MISC. No.4980 of 2026(2) dt.04-02-2026
                                                         2/2




                       It has further been submitted that from perusal of the seizure list

                       it will transpire that the weight of alleged recovery mentioned

                       with the plastic pouches. It has also been submitted that 5 grams

                       of smack is the small quantity. It has further been submitted that

                       the contraband which has been recovered from the possession

                       this petitioner is though more than small quantity but is much

                       less than commercial quantity. Petitioner is having no criminal

                       antecedent and he is languishing in judicial custody since

                       12.12.2025.

                                    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

                       Principal Sessions Judge, Begusarai in connection with Town

                       P.S. Case No. 515 of 2025.


                                                          (Ashok Kumar Pandey, J)

lata/-
U        T


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