Patna High Court
Bishun KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court granted bail to the petitioner subject to conditions under Section 480(3) of the B.N.S.S. Act.
Summary
The petitioner, Bishun Kumar, was arrested in connection with a case registered on 7 October 2025 under Sections 8(c) and 21(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for allegedly selling ‘smack’. The prosecution alleged that 21.21 grams of the drug were recovered from the accused and that 51 small sachets weighing about 16.64 grams were seized. The petitioner contended that he was falsely implicated, that no incriminating material was found in his possession, that the seizure list was not prepared before independent witnesses and that the seizure did not comply with the provisions of the B.N.S.S. Act. He also highlighted his clean antecedent, the filing of a chargesheet, and his custody since 8 October 2025. Considering the intermediate quantity of the drug, the petitioner’s clean record and the procedural lapses alleged, the Court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 480(3) of the B.N.S.S. Act.
Issues considered
- Bail eligibility under the NDPS Act for an accused charged with Sections 8(c) and 21(b)
- Effect of the quantity of narcotic seized (intermediate vs. small/commercial) on bail
- Compliance of the seizure and search procedure with the B.N.S.S. Act
- Impact of clean antecedent and filing of chargesheet on bail
Legislation cited
- B.N.S.S. Act — s. 480(3)
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 8(c)
Subjects
- bail
- NDPS Act
- quantity of narcotic
- search and seizure procedure
- clean antecedent
- Section 480(3) B.N.S.S.
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6596 of 2026
Arising Out of PS. Case No.-1646 Year-2025 Thana- PHULWARISHARIF District- Patna
======================================================
Bishun Kumar S/o- Arun Paswan, R/v- Near Sangat Bajrangbali Mandir, PS-
Phulwarisharif, Dist- Patna.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Dhirendra Prasad Sinha, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with Phulwarisharif P.S. Case No. 1646 of 2025
dated 07.10.2025, registered for the offences punishable under
Sections 8(c) and 21(b) of the NDPS Act.
3. As per the prosecution case, petitioner and co-
accused were apprehended selling smack and from their
possession, 21.21 grams of smack was recovered.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and he has falsely
been implicated in the present case. Nothing incriminating has
been recovered from person or possession of the petitioner. The
seizure list was not prepared in presence of independent
witnesses and there is non-compliance of provisions of B.N.S.S.
Patna High Court CR. MISC. No.6596 of 2026(2) dt.04-02-2026
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regarding search and seizure. The recovery from the petitioner is
of 51 small sachets weighing about 16.64 grams only, and even
otherwise the whole recovery is above the small quantity and
much less than commercial quantity. Learned counsel next
submits that petitioner is having clean antecedent and
chargesheet has been submitted. Learned counsel lastly submits
that petitioner is in custody since 08.10.2025.
5. Learned A.P.P. appearing on behalf of the State
opposes the submissions made on behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
intermediate quantity recovery and also considering the
submission of chargesheet, clean antecedent of the petitioner
and his period of custody, the petitioner, above-named, is
directed to be released on bail, on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of
the like amount each to the satisfaction of learned Sessions
Judge / Special Judge (NDPS), Patna / concerned Court, in
connection with Phulwarisharif P.S. Case No. 1646 of 2025,
subject to the condition laid down under Section 480(3) of the
B.N.S.S. and other following conditions:
(i) One of the bailors will be a close relative of the
Patna High Court CR. MISC. No.6596 of 2026(2) dt.04-02-2026
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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)
Shahnawaz/-
U T
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