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Patna High Court

Suman KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted as the seized quantity was minimal, procedural lapses existed, and no substantial ground justified continued detention.

Summary

The petitioner, Suman Kumar, was arrested in a NDPS case (Sections 8(c) and 21(b)) after a raid recovered 7.91 grams of a substance alleged to be 'smack' along with phones and cash. He contended that he was falsely implicated, that the seized material was never tested, that mandatory provisions of Section 50 of the NDPS Act were not complied with, and that the confession used against him lacked legal sanctity. The State opposed bail, citing the charges. The Court considered the very small quantity seized, the fact that it was far below commercial quantity, the existence of a charge sheet, and the petitioner’s period of custody, and found no compelling reason to keep him detained. Consequently, the Court ordered his release on bail with a bond of Rs.10,000 and specific conditions under Section 480(3) of the BNSS. The bail order was conditioned on sureties, presence in court when required, and cancellation upon repeated non‑appearance.

Issues considered

  • What is the applicability of Section 50 of the NDPS Act regarding seizure and testing of the contraband?
  • Does the small quantity (7.91 g) of the seized substance justify granting bail under the NDPS Act?
  • Is the confession admissible as evidence in the absence of statutory compliance?
  • Should political victimisation allegations affect the bail decision?

Legislation cited

Subjects

  • bail
  • NDPS Act
  • small quantity
  • Section 50
  • confession
  • political victimisation
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6553 of 2026
                    Arising Out of PS. Case No.-132 Year-2025 Thana- MANJHAUL District- Begusarai
                 ======================================================
                 Suman Kumar Son of Anil Singh @ Anil Prasad Singh R/o Vill.- Puwari Tola,
                 Ward No.- 7, P.S.- Manjhaul, District - Begusarai

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    The State of Bihar Advocate general Patna Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Rahul Kumar
                 For the Opposite Party/s :      Mr.Mithlesh Kumar Khare
                 ======================================================
                 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 NDPS P.S. Case No. 88 of 2025 arising out of

                   Manjhaul P.S. Case No. 132 of 2025, registered for the offences

                   under Sections 8(c), 21(b) of the NDPS Act.

                                3. As per the prosecution case, informant received a

                   tip of about assembly of some miscreants in an orchard who

                   were planning to commit some offence. A raid was conducted

                   and petitioner and two other co-accused persons were

                   apprehended. From this petitioner, recovery of 7.91 gram of

                   smack like substance was made. Further recovery of mobile

                   phones and cash was also made from the petitioner and other
Patna High Court CR. MISC. No.6553 of 2026(2) dt.04-02-2026
                                            2/3




          co-accused persons.

                       4. Learned counsel for the petitioner submits that the

          petitioner has been falsely implicated in this case and no

          occurrence in the manner as alleged has ever taken place. No

          testing has been done for the seized contraband and it is not

          possible to say with certainty that the article seized is smack.

          There has been non-compliance of mandatory provisions

          prescribed under Section 50 of the NDPS Act. The petitioner has

          been made accused on the basis of confession but the same has

          got no legal sanctity. In fact the petitioner has been named in

          this case due to village politics. There are two cases against the

          petitioner and he is on bail in both the cases. The petitioner has

          been remanded in this case on 25.11.2025. 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 seized which is much less than the

          commercial quantity and also considering 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
             Patna High Court CR. MISC. No.6553 of 2026(2) dt.04-02-2026
                                                         3/3




                       Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties

                       of the like amount each to the satisfaction of learned Principal

                       Sessions Judge, Begusarai/concerned court, in connection with

                       NDPS P.S. Case No. 88 of 2025 arising out of Manjhaul P.S.

                       Case No. 132 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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