Patna High Court
Amar KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Narcotic Substances Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21, 22, 25, 29
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
Checking your session…