Patna High Court
Abhimanyu KumarversusThe 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, 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
- Bihar Narcotic Substances Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(c), 8(c)
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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