Patna High Court
Om Prakash @ BittuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Since the contraband and firearm were not shown to be in the petitioner's conscious possession and the narcotics quantity was below the commercial threshold, the court held that bail should be granted under the applicable provisions.
Summary
The petitioner, Om Prakash, was arrested in connection with a case involving possession of 14.67 grams of narcotic substance, a country‑made pistol, and diesel‑like liquids. He argued that the seized items were recovered from a vehicle’s dickey without his conscious knowledge and that the narcotic quantity was below the commercial threshold, thus not attracting the harshest provisions of the NDPS Act. The State contended that he was actively involved in theft and possession of the contraband and firearm. The court observed that the prosecution had not demonstrated the petitioner's conscious physical possession and noted the completed investigation with a charge‑sheet filed, reducing the risk of evidence tampering. Consequently, the court granted bail, directing the petitioner to furnish a bond of Rs.10,000 with two sureties, subject to conditions under Section 437(3) Cr.P.C. and Section 480(3) B.N.S.S.
Issues considered
- Whether the petitioner is entitled to bail under Section 437(3) Cr.P.C. and Section 480(3) B.N.S.S. for offences under the Bhartiya Nyay Sanhita, Arms Act and NDPS Act.
- Whether the quantity of narcotics being less than commercial quantity influences the grant of bail.
- Whether lack of conscious physical possession of the seized items negates the necessity of continued custody.
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 27
- Bhartiya Nagarik Suraksha Sanhita — s. 480(3)
- Bhartiya Nyay Sanhita, 2023 — s. 303(2), 313, 317(4), 317(5)
- Code of Criminal Procedure, 1973 — s. 437(3)
- Narcotic Drugs and Psychotropic Substances Act — s. 21(b), 8(c)
Subjects
- bail
- narcotics
- arms possession
- conscious possession
- quantity less than commercial
- Bhartiya Nyay Sanhita
- NDPS Act
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53050 of 2025
Arising Out of PS. Case No.-111 Year-2025 Thana- BARAULI District- Gopalganj
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Om Prakash @ Bittu S/o Shyamnand Prasad @ Shyamnandan Prasad R/o
Village- Panapur, P.S.- Minapur, District- Muzaffarpur
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar, Advocate
For the Opposite Party/s : Mr.Jai Narain Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 09-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with Barauli
P.S. Case No. 111 of 2025 registered for the offence under
Sections 303(2), 313, 317(4), 317(5) of Bhartiya Nyay Sanhita,
2023 (in short, the ‘B.N.S.’), Section 25(1-B)a, 26 and 27 of
Arms Act and Section 8(c) and 21(b) of Narcotic Drugs and
Psychotropic Substances Act.
3. The petitioner is named in the F.I.R. and is in custody
since 24.04.2025.
4. Allegation against petitioner is to have in possession
of 14.67 gram of smack wrapped in polythene, one loaded country
made pistol, four blue color gallon each of 40 liters, out of which
two was empty and two was filled with diesel like substance, 10
Patna High Court CR. MISC. No.53050 of 2025(4) dt.09-02-2026
2/3
feet pipe alongwith other co-accused persons.
5. Learned counsel appearing on behalf of the petitioner
submitted that recovery of contraband and fire arms as alleged
was not made from the conscious physical possession of this
petitioner. It is pointed out that petitioner has no connection with
Maruti Suzuki which was found carrying of seized materials
including contraband and country made pistol. It is pointed out
that contraband and pistol were recovered from dickey of the car
which was not in the knowledge of petitioner.
6. It is pointed out that the implication of this petitioner
with present case is only for the suspicion arising out of his
criminal antecedents as he found involved in five more criminal
cases of different nature where he is on bail.
7. While concluding argument, it is submitted that as
recovered quantity of contraband (smack) is less than commercial
quantity therefore rigors of Section 37 of NDPS Act not appears
applicable in present case and moreover, investigation of this case
is completed, for which charge-sheet has been submitted, as such,
there is no chance of tampering with the evidence.
8. Learned APP while opposing the prayer of bail
submitted that the petitioner was actively involved in stealing of
diesel from different vehicle and he was also found in possession
Patna High Court CR. MISC. No.53050 of 2025(4) dt.09-02-2026
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of contraband and country made pistol alongwith other co-accused
person.
9. In view of aforesaid factual submission and by taking
note of fact as quantity of contraband which is less than
commercial quantity, coupled with fact that recovery of country
made pistol and contraband prima-facie not appears made from
conscious physical possession of this petitioner, where petitioner
remains in custody since 24.04.2025, accordingly, above-named
petitioner is directed to be released on bail, furnishing bail bond of
Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the
like amount each to the satisfaction of learned Principal Sessions
Judge, Gopalganj/concerned court, in connection with Barauli P.S.
Case No. 111 of 2025, subject to the condition as laid down under
Section 437(3) Cr.P.C/Section 480(3) of the Bhartiya Nagarik
Suraksha Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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