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Patna High Court

Shatrughan Kumar @ Shatrudhan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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