Patna High Court
Janta Kumar @ Jayant KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Janta Kumar, was arrested in connection with a case under the NDPS Act where 95.64 grams of a narcotic substance was allegedly seized from his possession. He contended that he was falsely implicated, that the police failed to comply with Section 105 of the Bihar Narcotic Substances Act, and that the seized quantity, though more than a small amount, was far below commercial quantity. He also highlighted his clean criminal record and that he had been in judicial custody since 11 October 2025. The State opposed the grant of regular bail. After hearing both sides, the High Court found merit in the petitioner's arguments and ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Exclusive Special Judge under the NDPS Act.
Issues considered
- Whether regular bail can be granted under the NDPS Act for a quantity exceeding the small‑quantity threshold but below commercial quantity.
- Whether non‑compliance with Section 105 of the Bihar Narcotic Substances Act warrants bail.
- Whether the petitioner’s clean antecedent and prolonged pre‑trial detention justify bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 18, 21(c), 22(b), 29, 8
Subjects
- bail
- NDPS Act
- narcotics
- Section 105
- procedural lapse
- quantity of contraband
- criminal antecedent
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8124 of 2026
Arising Out of PS. Case No.-395 Year-2025 Thana- RAMGARHWA District- East
Champaran
======================================================
Janta Kumar @ Jayant Kumar S/o Late Shivjee Sahani @ Shivajee Sahani
R/o Village - Ramgarhwar Malahi Tola, P.S. - Ramgarhwa, District - East
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhurendra Kumar, Advocate
For the Opposite Party/s : Mr. Ram Priya Sharan Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 01-04-2026 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 8, 18, 21(c),
22(b) and 29 of the N.D.P.S. Act.
3. The case of the prosecution is that altogether 95.64
grams of smack like substance was recovered from the
possession of this 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. Nothing has been recovered
from the possession of this petitioner. Learned counsel for the
petitioner has further submitted that while making seizure,
Patna High Court CR. MISC. No.8124 of 2026(3) dt.01-04-2026
2/2
Section 105 of B.N.SS. has not been complied by the police and
the seizure list witnesses are police personnel. It has also been
submitted that though the 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.
Petitioner is having no criminal antecedent as stated in para-3 of
the bail petition. Moreover, he is languishing in judicial custody
since 11.10.2025.
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
Ramgarhwa P.S. Case No. 395 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 Exclusive Special
Judge Court No. II under NDPS Act, East Champaran, Motihari.
(Ashok Kumar Pandey, J)
shubham/-
U T
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