Patna High Court
Nandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner despite the recovery of an intermediate quantity of ganja, as he was not in conscious possession and had no prior criminal antecedent.
Summary
The petitioner, Nandan Kumar, was arrested as the driver of a Scorpio vehicle from which 6 kg of ganja was recovered from the front seat. The seizure was made under sections 8 and 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The petitioner contended that he had no conscious possession of the drugs, had no prior criminal record, and that the seizure list lacked an independent witness, thereby violating mandatory search‑seizure provisions. The State opposed the bail application, citing the quantity of the narcotic recovered. Considering the intermediate quantity, the absence of conscious possession, the filing of the charge‑sheet, and the petitioner’s clean record, the Court granted bail on a bond of Rs.10,000 with two sureties and imposed conditions of physical presence and a family member as a bailor. The bail order was subject to cancellation if the petitioner fails to appear on two consecutive dates without sufficient cause.
Issues considered
- Whether bail can be granted in an NDPS case where an intermediate quantity of narcotic is recovered from a vehicle and not from the accused's conscious possession.
- Whether the alleged non‑compliance with mandatory search and seizure provisions affects the grant of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(B), 8
Subjects
- NDPS Act
- bail
- intermediate quantity
- search and seizure
- drug possession
- criminal antecedent
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75045 of 2025
Arising Out of PS. Case No.-117 Year-2025 Thana- PHULWARIA District- Begusarai
======================================================
Nandan Kumar S/O Prabhat Kumar R/O Village- Maksaspur, Ward No.-28,
P.S- Barauni, Distt.- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rahul Singh, Adv.
For the Opposite Party/s : Ms.Rina Sinha, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 13-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. A prayer for bail has been made on behalf of the
petitioner in connection with NDPS Case No. 47 of 2025 arising
out of Phulwariya P.S. Case no.117 of 2025 registered under
sections 8, 20(b)(ii)(B) of NDPS Act.
3. There is a recovery of 6 kg. of ganja from the front
seat of Scorpio vehicle.
4. Learned counsel for the petitioner submits that
petitioner is only the driver of the Scorpio vehicle, from which
recovery of 6 kg. Ganja was made from the front seat of the said
vehicle, which is more than small quantity but less than
commercial quantity. Further, there is no independent witness to
the seizure list indicating violation of mandatory provisions of
search and seizure. The petitioner has no criminal antecedent
Patna High Court CR. MISC. No.75045 of 2025(3) dt.13-02-2026
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and undertakes to cooperate in the case/trial. He is in custody
since 28.07.2025 and charge-sheet has been submitted in the
case.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Taking into consideration the aforesaid facts and
circumstances of the case and also considering that intermediate
quantity of ganja has been recovered from the vehicle and not
from the conscious possession of the petitioner coupled with the
fact that charge-sheet has been submitted in the case, the
petitioner, having no criminal antecedent, is directed to be
enlarged on bail in connection with NDPS Case No. 47 of 2025
arising out of Phulwariya P.S. Case no.117 of 2025 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 concerned where the case is
pending/successor Court, subject to the following conditions:-
(I) One of the bailors of the petitioner shall be the
family member/close relative of the petitioner.
(II) The petitioner shall remain physically present in
the learned trial Court on each date and shall cooperate in the
trial. In case the petitioner is absent on the two consecutive
Patna High Court CR. MISC. No.75045 of 2025(3) dt.13-02-2026
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dates without sufficient reasons, the learned trial Court would be
at liberty to cancel the bail bonds of the petitioner.
(Soni Shrivastava, J)
Harsh/-
U T
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