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Patna High Court

Amar KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

Amar Kumar was arrested in connection with a case under sections 21, 22(b), 25 and 29 of the NDPS Act after 30 grams of a narcotic substance was allegedly recovered from his jacket. He applied for regular bail, claiming innocence, lack of prior criminal record, and alleging a procedural lapse because Section 105 of the Bihar Narcotic Substances Act was not complied with during seizure. The State opposed the bail. The court examined the quantity, noting it exceeded the 'small quantity' threshold but was below the 'commercial quantity' limit, and considered the petitioner’s clean antecedent and prolonged custody since 18‑11‑2025. Finding no compelling reason to deny bail, the court ordered his release on a bail bond of Rs.10,000 with two sureties.

Issues considered

  • Whether regular bail can be granted in an NDPS case where the seized quantity exceeds the small‑quantity limit but is less than commercial quantity
  • Whether non‑compliance with Section 105 of the Bihar Narcotic Substances Act during seizure vitiates the prosecution’s case for bail denial
  • Whether the petitioner’s lack of prior criminal record and prolonged pre‑trial detention justify granting bail

Legislation cited

Subjects

  • bail
  • NDPS Act
  • seizure procedure
  • Section 105
  • quantity thresholds
  • criminal antecedent
  • regular bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7157 of 2026
                     Arising Out of PS. Case No.-646 Year-2025 Thana- GARDANIBAG District- Patna
                 ======================================================
                 Amar Kumar Son of Arvind Singh R/o- Bakhtiyarpur Rani Sarai Mahmudpur
                 P.s- Bakhtiyarpur Dist-Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ghanshyam Tiwary, Advocate
                 For the Opposite Party/s :      Mr. Uday Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   11-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 21/22(b), 25

                   and 29 of the NDPS Act.

                                3. The case of the prosecution is that altogether 30

                   grams of smack like intoxicating substance was recovered from

                   the jacket of the petitioner.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. He has

                   falsely been implicated in this case. Learned counsel for the

                   petitioner has submitted that while making seizure, Section 105

                   of B.N.SS. has not been complied and the seizure list witnesses

                   are police personnel. It has also been submitted that though the
            Patna High Court CR. MISC. No.7157 of 2026(2) dt.11-02-2026
                                                        2/2




                      quantum of the contraband which has been recovered from the

                      possession of this petitioner is more than small quantity but is

                      much less than commercial quantity as per NDPS Act. Petitioner

                      is having no criminal antecedent. Moreover, he is languishing in

                      judicial custody since 18.11.2025.

                                   5. Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail.

                                   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 released on bail in connection with

                      Gardanibagh P.S. Case No. 646 of 2025 on furnishing bail bond

                      of Rs.10,000/- (ten thousand) with two sureties of the like

                      amount each to the satisfaction of learned District and Sessions

                      Judge/Special Judge (NDPS), Patna.



                                             (Ashok Kumar Pandey, J)
Shubham/-

U     T


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