Patna High Court
Shatrudhan ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner on the condition of a bond and sureties.
Summary
The petitioner, Shatrudhan Thakur, was arrested in connection with a case under several sections of the NDPS Act and Section 111 of the Bharatiya Nyaya Sanhita after 509 grams of cannabis resin (smack) was recovered from the pocket of his co‑accused, Prakash Kumar. The petitioner contended that the contraband was not found in his personal possession, that the seizure was not conducted before independent witnesses, and that he had no prior criminal record, having been in custody since 2 August 2025. The State opposed bail, citing the seriousness of the offences. The Court examined the lack of personal possession, the procedural lapse in the seizure, and the petitioner’s clean antecedents, and consequently ordered bail on a bond of Rs. 10,000 with two sureties, subject to conditions regarding surety relations and physical presence in court. The bail order was conditioned on cancellation of the bond if the petitioner fails to appear on two consecutive dates without sufficient cause.
Issues considered
- Whether bail can be granted under the NDPS Act and Bharatiya Nyaya Sanhita when the accused has no personal possession of the seized narcotic.
- Whether the alleged procedural irregularities in the seizure affect the bail decision.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 111
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 17(c), 18(c), 21(c), 29, 31, 8(c)
Subjects
- bail
- NDPS Act
- search and seizure
- personal possession
- criminal antecedent
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71733 of 2025
Arising Out of PS. Case No.-333 Year-2025 Thana- CHIRAIYA District- East Champaran
======================================================
Shatrudhan Thakur S/o Bhanu Thakur R/o Village- Bairiya, P.S.-
Ramgadhwa, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mrs. Renuka Ratnakar, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Section 8(c), 17 (c), 18(c), 21(c),
29 and 31 of the N.D.P.S. Act and Section 111 of the Bharatiya
Nyaya Sanhita, 2023.
3. As per the prosecution case, there is recovery of
509 grams of smack from the pocket of co-accused, Prakash
Kumar.
4. It is submitted by learned counsel for the
petitioner that it would be evident from the bare perusal of the
first information report that there is no recovery whatsoever
from the personal or conscious possession of the petitioner,
rather the recovery of the contraband has been made from the
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possession of the co-accused, Prakash Kumar. Further, the said
seizure has also not been made in presence of the independent
witnesses thereby violating the provisions of search and seizure.
The petitioner is a young boy, who was merely sitting on the
motorcycle along with the co-accused, Prakash Kumar, having
no knowledge about any smack, has no criminal antecedent and
has been languishing in custody since 02.08.2025.
5. Learned APP for the State opposed the bail
petition.
6. Taking into consideration the facts and
circumstances of the case and also considering the fact that there
is no recovery from the personal possession of the petitioner and
is in custody since 02.08.2025 with no criminal antecedent, the
above named petitioner is directed to be enlarged on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Court below where the case is pending/successor
Court in connection with Chiraiya P.S. Case No.333 of 2025,
subject to the conditions that :
(i) One of the bailors will be his own blood relative,
preferably, father, mother, brother, sister and/or his wife.
(ii) The petitioner shall remain physically present in
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court on each and every date till the framing of charge and in the
event of failure on two consecutive dates without sufficient
reasons, his bail bonds shall be liable to be cancelled by the
learned court concerned.
(Soni Shrivastava, J)
Trivedi/-
U T
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