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Patna High Court

Naveen KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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                       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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