Patna High Court

Pankaj KumarversusThe State of Bihar

Decided: 11 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted bail to the petitioner on condition of a Rs.10,000 bond with two sureties.

Summary

Petitioner Pankaj Kumar applied for bail in a case registered under Sections 8 and 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, where 4.856 kg of ganja‑like substance was seized from his house. The petitioner claimed he had no possession of the drugs, was falsely implicated, and that the police failed to comply with Section 105 of the Bihar Narcotic Substances (Control) Act during the seizure. He also highlighted his clean criminal record and that he had been in judicial custody since 12‑Oct‑2025. The State opposed bail, arguing the seriousness of the offence. After hearing both sides, the Court found the procedural lapse and the non‑commercial quantity relevant and ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

Whether bail should be granted in an NDPS case involving more than a small quantity but less than a commercial quantity of narcotics.
Whether the failure to comply with Section 105 of the Bihar Narcotic Substances (Control) Act during seizure vitiates the prosecution’s case for denial of bail.

Legislation cited

Bihar Narcotic Substances (Control) Act — s. 105
Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(B), 8

Subjects

bail
NDPS Act
drug seizure
procedural compliance
Section 105
quantity of narcotics
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6803 of 2026
                      Arising Out of PS. Case No.-230 Year-2025 Thana- KURSAILA District- Katihar
                 ======================================================
                 Pankaj Kumar S/O Laxman Mandal R/O - Nawabganj, Basa Tola, Ward no-
                 05, PS- Kursela, Distt- Katihar

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjeev Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   11-02-2026                    Heard Mr. Sanjeev Kumar Singh, learned counsel for

                   the petitioner and Mr. Binod Kumar, learned APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Kursela P.S. Case No. 230 of 2025 registered for the

                   offence punishable under Sections 8, 20(b)(ii)(B) of the

                   N.D.P.S. Act.

                                3. The case of the prosecution in short is that from the

                   house of the petitioner, altogether 4.856 kg of ganja like

                   substance was recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. He also submits that nothing has been recovered from the

                   possession of this petitioner rather it has been recovered from
           Patna High Court CR. MISC. No.6803 of 2026(2) dt.11-02-2026
                                                       2/2




                     the house. The witness of the seizure list are police personnel

                     and the police has not complied with Section 105 of the BNSS,

                     while making the seizure. He further submits that the alleged

                     recovery, if any, is though more than small quantity but is much

                     less than commercial quantity. Moreover, a statement has been

                     made in para 3 of the petition that petitioner has no criminal

                     antecedent and he is languishing in judicial custody since

                     12.10.2025.

                                  5. The application for bail is opposed by learned APP

                     for the State.

                                  6. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     inclined to enlarge the petitioner on bail. The above named

                     petitioner is directed to be enlarged on bail on furnishing bail

                     bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                     of the like amount each to the satisfaction of the learned court of

                     Sessions Judge, Katihar in connection with Kursela P.S. Case

                     No. 230 of 2025.


                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

Continue reading with your account

Checking your session…