Patna High Court
Murari Kumar @ Murari Mandal @ Murari Kumar MandalversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- SONI SHRIVASTAVA
Holding
The court denied bail, holding that the alleged possession of a commercial quantity of narcotic justified the rejection of the bail application.
Summary
The petitioner, Murali Kumar, applied for bail in a case under Sections 20 and 22 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, where 463 grams of brown sugar was seized from a motorcycle. The prosecution alleged that the seized quantity constituted a commercial amount and was found in the petitioner’s conscious possession. The petitioner argued that the motorcycle belonged to the co‑accused’s wife, that there was no independent witness to the search, and that he had no prior criminal record, having been in custody since 14‑03‑2025. The State opposed bail, relying on the forensic report confirming the substance as brown sugar and the commercial quantity. The court, after considering the facts, concluded that the allegation of commercial quantity and possession warranted denial of bail and rejected the application.
Issues considered
- Whether bail should be granted to the accused under Sections 20 and 22 of the NDPS Act when a commercial quantity of narcotic is alleged to have been seized in his possession.
- Whether the absence of an independent witness to the seizure and the fact that the vehicle does not belong to the accused affect the bail decision.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 20, 22
Subjects
- bail
- NDPS Act
- commercial quantity
- seizure
- possession
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65352 of 2025
Arising Out of PS. Case No.-36 Year-2025 Thana- Bankebazar District- Gaya
======================================================
Murari Kumar @ Murari Mandal @ Murari Kumar Mandal Son of Bideshi
Mandal Resident of Village - Latkuta, P.S.- Dhangai, District - Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shivendra Prasad, Advocate
For the Opposite Party/s : Mr.Binod Kumar No.3, A.P.P.
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 27-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 20 and 22 of the N.D.P.S Act.
3. As per the prosecution case, 463 gm of brown sugar
was recovered from the motorcycle in question and petitioner along
with other was apprehended on the spot.
4. Learned counsel for the petitioner submits that the
recovery has been made from the motorcycle which does not belong
to the petitioner and is registered in the name of the wife of the co-
accused. Further, there is no independent witness to the search and
seizure and the petitioner has been languishing in custody since
14.03.2025 with no criminal antecedent.
5. Learned A.P.P. opposes the bail on the ground that 463
gm of brown sugar was recovered which is commercial quantity and
Patna High Court CR. MISC. No.65352 of 2025(3) dt.27-02-2026
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the FSL report also confirms it to be a brown sugar.
6. Taking into consideration the facts and circumstances of
the case and also considering the allegation of commercial quantity
which has been recovered from his conscious possession, this court is
not inclined to grant bail to the petitioner.
7. As such, the application is rejected.
(Soni Shrivastava, J)
vashudha/-
U T
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