Patna High Court
Suman KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Bihar Negotiable Securities Act — s. 480(3)
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 50, 8(c)
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
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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
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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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