Patna High Court
GudduversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, subject to a bond of Rs 10,000 and two sureties.
Summary
The petitioner, Guddu, applied for bail in a case registered under Sections 8(c) and 21(b) of the NDPS Act, alleging that 8.84 grams of a narcotic were seized from his possession. He contended that the seizure was illegal because the police did not comply with Section 105 of the BNSS and that no contraband was actually recovered from him. The State opposed bail, citing the petitioner’s prior criminal antecedents, including a similar offence. After hearing both sides, the Court found that the quantity involved was small, the procedural lapse did not outweigh the petitioner’s right to liberty, and the prior cases did not preclude bail. Consequently, the Court ordered the petitioner’s release on bail upon furnishing a bond of Rs 10,000 with two sureties.
Issues considered
- Whether bail should be granted to a person accused under Sections 8(c) and 21(b) of the NDPS Act.
- Whether non‑compliance with Section 105 of the BNSS during seizure invalidates the charge.
- Impact of the petitioner’s prior criminal antecedents on the bail decision.
- Whether the quantity of narcotic seized warrants denial of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act — s. 21(b), 8(c)
Subjects
- bail
- NDPS Act
- Section 105
- seizure procedure
- criminal antecedent
- judicial custody
- quantity of narcotic
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6813 of 2026
Arising Out of PS. Case No.-666 Year-2025 Thana- KISHANGANJ District- Kishanganj
======================================================
Guddu son of Md Kalu @ Kalu Resident of village- Juljuli Ward no. 32, Ps-
Kishanganj District -Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan, Advocate
For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 11-02-2026 Heard Mr. Rajeev Ranjan, learned counsel for the
petitioner and Mr. Awadhesh Kumar Singh, learned APP for the
State.
2. The petitioner has prayed for bail in connection
with Kishanganj P.S. Case No. 666 of 2025 registered for the
offence punishable under Sections 8(c), 21(b) of the N.D.P.S.
Act.
3. The case of the prosecution in short is that from the
possession of the petitioner, altogether 8.84 grams of smack 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
Patna High Court CR. MISC. No.6813 of 2026(2) dt.11-02-2026
2/2
possession of this petitioner. 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 of contraband is though more than
small quantity but is much less than commercial quantity. He
further submits that the petitioner is languishing in judicial
custody since 05.12.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of two cases out of which one is of similar nature.
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
Sessions Judge-cum-Special Judge, (NDPS Act), Kishanganj in
connection with Kishanganj P.S. Case No. 666 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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