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Patna High Court

Bishun KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                      3/3




                    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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