Patna High Court
Shatrughan Kumar @ Shatrudhan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted bail to the petitioner subject to a bond of Rs 10,000 and two sureties, with the condition of physical presence during trial.
Summary
Shatrughan Kumar was arrested in Aurangabad for alleged possession of 2.200 kg of ganja, alleged to be recovered from a bag he was carrying. The prosecution charged him under Sections 8, 20(B) and 25 of the NDPS Act, and a charge‑sheet had been filed. The petitioner contended that the mandatory search‑and‑seizure procedure was violated, the seized narcotic was not sent for forensic analysis, and that the quantity was only an intermediary amount, barely above the small‑quantity threshold, and he had no prior criminal record. The State opposed bail. Considering the procedural lapses, the modest quantity, the filing of the charge‑sheet and the petitioner's clean antecedents, the court ordered his release on bail upon furnishing a Rs 10,000 bond with two sureties and the condition of physical presence in court throughout the trial.
Issues considered
- Whether bail should be granted in an NDPS case where 2.200 kg of ganja (intermediary quantity) has been seized.
- Whether alleged violations of the mandatory search‑and‑seizure provisions and lack of forensic testing justify denial of bail.
- Whether the petitioner’s clean antecedent and the filing of a charge‑sheet affect the bail decision.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(B), 25, 8
Subjects
- bail
- NDPS Act
- narcotics
- search and seizure
- intermediary quantity
- forensic examination
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82009 of 2025
Arising Out of PS. Case No.-320 Year-2025 Thana- OBRA District- Aurangabad
======================================================
Shatrughan Kumar @ Shatrudhan Kumar S/O Suresh Yadav R/O Village -
Dhamni. P.S- Kasma, District- Aurangabad (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Ram Naresh Ray, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 18-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered forthe
offence punishable under Sections 8, 20(B), IIA 25 of the
Narcotic Drugs and Psychotropic Substance Act, 1985.
3. As per the prosecution case, total 2.200 Kg. of
Ganja was recovered from the possession of the petitioner.
4. Learned counsel for the petitioner submits that
2.200 Kg. of ganja has been shown from the possession of this
petitioner from a bag which was being carried by him. It is
further submitted that the mandatory provision of search and
seizure has been violated and witnesses to the seizure list are the
Police Personnel. Further the quantity of the narcotic is an
intermediary quantity just a little over small quantity much
below commercial quantity. Further the substance was also not
sent up for forensic examination and the petitioner is in custody
since 17.09.2025 and charge-sheet has been submitted.
Patna High Court CR. MISC. No.82009 of 2025(3) dt.18-02-2026
2/2
Petitioner claims clean antecedent.
5. Learned APP for the State opposes the grant of bail.
6. Taking into consideration the facts and
circumstances and considering the fact that the charge-sheet has
been submitted and the petitioner has no criminal antecedent,
coupled with the fact that the recovery is also only a little over
small quantity, let the above named petitioner, be released 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 District and Additional Sessions
Judge-1st- cum-Special Judge, (SC/ST, Children & N.D.P.S.
Act), Aurangabad (Bihar) /concerned Court below in connection
with Obra (NDPS) P.S. Case No. 320 of 2025, subject to
condition that:-
(i) The petitioner shall remain physically present in
court on each and every date during trial 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)
Ranjeet/-
U
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