Patna High Court
Naveen KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner, subject to conditions, despite the procedural allegations.
Summary
Naveen Kumar was arrested after a police raid on a house where 4.73 kg of ganja was recovered and was charged under Sections 8 and 20(b)(ii)(B) of the NDPS Act. The petitioner claimed he was falsely implicated, alleging that the police failed to comply with Section 42 of the NDPS Act and did not make a videographic record as required by Section 105 of the BNSS. The State opposed the bail application. The court examined the intermediate quantity of the drug, the filing of the charge sheet, and the petitioner’s long custody since December 2025, and found no compelling reason to deny bail. Consequently, the court ordered his release on bail upon furnishing a bail bond of Rs.10,000 with two sureties and imposed conditions under Section 480(3) of the BNSS. The bail is subject to compliance with attendance requirements and cancellation if conditions are breached.
Issues considered
- What is the appropriate bail disposition for an accused charged under Sections 8 and 20(b)(ii)(B) of the NDPS Act with an intermediate quantity of narcotic substance?
- Do alleged procedural violations under Section 42 of the NDPS Act and the lack of videography under Section 105 of the BNSS affect the grant of bail?
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(B), 42, 8
Subjects
- bail
- NDPS Act
- intermediate quantity
- procedural lapse
- Section 42 NDPS
- Section 105 BNSS
- Section 480(3) BNSS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6463 of 2026
Arising Out of PS. Case No.-1253 Year-2025 Thana- ALAMGANJ District- Patna
======================================================
Naveen Kumar S/O Dilip Rai R/o- Tayakpur Bilat Chowk, P.S.-Deshri, Dist-
Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ghanshyam Tiwary, Adv.
For the Opposite Party/s : Mr.Anil Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Alamganj P.S. Case No. 1253 of 2025,
registered for the offences under Sections 8, 20(b)(ii)(B) of the
NDPS Act.
3. As per the prosecution case, police received
information about a person selling Ganja from the house of one
Shambhu Kumar. A raid was conducted and a person tried to
escape but he was apprehended and he is the present petitioner.
From search of the place from where the petitioner was
apprehended, recovery of 4.730 kg Ganja was made. Further
recovery of mobile phone and cash was made from this
petitioner.
Patna High Court CR. MISC. No.6463 of 2026(2) dt.04-02-2026
2/3
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner has been falsely implicated
in this case and he is innocent. There is non-compliance of
Section 42 of the NDPS Act and no videography was conducted
for the search and seizure in violation of Section 105 of the
BNSS. In fact nothing incriminating has been recovered from
person or possession of the petitioner and his signature was
obtained by the police in a plain paper. The alleged recovery of
Ganja is within the intermediate quantity as it is more than
small quantity but less than commercial quantity. The petitioner
is in custody since 03.12.2025 and he is having clean
antecedent. Charge sheet has been submitted.
5. Learned APP appearing for the State opposes the
submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
quantity of contraband recovered, submission of charge sheet
and period of custody of the petitioner, the petitioner is directed
to be released on bail, on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand Only) each with two sureties of the like
amount each to the satisfaction of learned District and Sessions
Judge, Spl. Judge (NDPS), Patna/concerned court, in connection
Patna High Court CR. MISC. No.6463 of 2026(2) dt.04-02-2026
3/3
with Alamganj P.S. Case No. 1253 of 2025, subject to the
condition laid down under Section 480(3) of the BNSS and
other following conditions:
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present on
each and every date fixed by the court
below, if so required by the learned trial
court.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
Anuradha/-
U T
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