Patna High Court
Sourav Bhagat @ Sourav KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- KHATIM REZA
Holding
The court held that bail must be denied as the petitioner was in conscious possession of an intermediate quantity of narcotic drug and is a habitual offender.
Summary
The petitioner, Sourav Bhagat, was arrested after police recovered 19.90 grams of a smack-like substance (net weight 12.53 grams) from his left pocket and a mobile phone from his right pocket, leading to charges under Sections 8(c) and 21(b) of the NDPS Act. He applied for bail, claiming innocence, lack of conscious possession, and non‑compliance of mandatory provisions of Sections 42 and 50 of the NDPS Act during the search. The State opposed bail, emphasizing the recovery of the drug from the petitioner’s pocket, the intermediate quantity involved, and the petitioner’s prior criminal record in similar narcotics cases. The Court examined the prima facie case, noting that the quantity falls between small and commercial and that the petitioner is a habitual offender, while holding that alleged procedural lapses cannot be decided at the bail stage. Considering the nature of the offence, the quantity, and the petitioner’s antecedents, the Court concluded that bail should not be granted. Consequently, the petition for bail was rejected.
Issues considered
- Whether bail can be granted when the accused is found in conscious possession of an intermediate quantity of a narcotic drug under the NDPS Act.
- Whether alleged non‑compliance with Sections 42 and 50 of the NDPS Act can be a ground to deny bail at the preliminary stage.
- Whether the petitioner’s prior criminal antecedents justify the denial of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 42, 50, 8(c)
Subjects
- bail
- NDPS Act
- narcotic drugs
- conscious possession
- intermediate quantity
- habitual offender
- sections 8(c)
- section 21(b)
- section 42
- section 50
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6892 of 2026
Arising Out of PS. Case No.-341 Year-2025 Thana- JANKINAGAR District- Purnia
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Sourav Bhagat @ Sourav Kumar Son of Gouri Shankar @ Gauri Shankar
Bhagat Resident of Village- Madhuban ward no. 06, P.S.- Janki Nagar,
District- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ram Prawesh Kumar, Advocate
For the Opposite Party/s : Mr.Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Janki
Nagar PS Case No.341 of 2025 dated 26-10-2025, instituted for
the offence punishable under Sections 8(c), 21(b) of the
Narcotic Drugs and Psychotropic Substances Act, 1985 ( for
short ‘the N.D.P.S. Act’).
3. The allegation is of recovery of 19.90 grams of a
smack like substance, packed in four transparent packets
contained in a black polythene bag from the left pocket of the
petitioner while a blue OPPO F27 Pro+ mobile phone was
recovered from the right pocket of the petitioner. It is further
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alleged that the petitioner failed to produce valid documents
relating to his mobile phone and motorcycle. The petitioner is
alleged to have disclosed that the recovered substance was
smack brought from Murliganj for the purpose of illegal sale
and to have admitted his previous involvement in cases relating
to smack and liquor. The recovered contraband, along with the
mobile phone and motorcycle was seized and a seizure memo
was prepared.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
instant case. It is further submitted that the petitioner has been
arrested at the spot and no incriminating article has been
recovered from his conscious possession. It is submitted that
although there is recovery of 19.90 grams of smack-like
substance as alleged by the police, but after certification, the net
weight was found to be only 12.53 grams. Therefore, the alleged
recovery does not fall within the category of commercial
quantity, but is more than small quantity and less than
commercial quantity. Learned counsel further submits that on
the alleged date and time of occurrence the petitioner was
merely returning from the market where the local police were
conducting routine checking. On the basis of suspicion alone,
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the petitioner was apprehended and falsely shown to have been
caught red-handed. It is further submitted that the mandatory
provisions of the NDPS Act, particularly Sections 42 and 50,
have not been complied with. The search and seizure are alleged
to have been conducted in a mechanical and casual manner. The
petitioner has been in judicial custody since 27.10.2025 and has
four criminal cases pending against him.
5. Learned counsel for the State vehemently opposed
the prayer for bail and submits that the petitioner was caught
red-handed with smack in his conscious possession. It is
submitted that initially 19.90 grams of smack-like substance
was recovered from the petitioner and after certification, the net
weight was found to be 12.53 grams, which clearly falls under
the category of intermediate quantity under the NDPS Act. The
recovery was made from the left pocket of the petitioner, while
a mobile phone (OPPO F27 Pro+) with specific IMEI numbers
and SIM card was recovered from the right pocket, indicating
his involvement in the illicit trade of prohibited narcotics
substances. The petitioner is stated to be involved in four
criminal cases, including Jankinagar P.S. Case No. 5 of 2025
under Sections 8(c) and 21(b) of the NDPS Act of similar nature
clearly demonstrating that the petitioner is a habitual offender
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engaged in the trade of prohibited narcotic substances such as
smack/brown sugar and the charge-sheet in the present case has
already been submitted. It is further submitted that the
petitioner’s activities are harmful to society, especially to the
youth and drug trafficking has serious and damaging effects on
the community.
6. Having regard to the facts and circumstances of the
case and after hearing learned counsel for the parties and from
perusal of the record, it prima facie appears that the petitioner
was found in conscious possession of 19.90 grams of smack,
which is more than small quantity and less than commercial
quantity. The plea of non-compliance of Sections 42 and 50 of
the NDPS Act involves appreciation of evidence and cannot be
examined at the stage of bail, where only the existence of a
prima facie case is to be considered. The materials further
indicate that the petitioner is a habitual offender, with a similar
case pending against him, reflecting a continuing criminal
propensity that cannot be ignored.
7. Considering the nature of accusation, quantity
involved, criminal antecedents, and the serious societal impact
of narcotic offences, this Court is of the considered opinion that
the petitioner does not deserve bail at this stage.
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8. Accordingly, the prayer for bail is rejected.
(Khatim Reza, J)
shyambihari/-
U
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