Patna High Court
Arun Kumar DasversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, directing his release on a bail bond of Rs.10,000 with two sureties.
Summary
The petitioner, Arun Kumar Das, sought regular bail in a case under Sections 20 and 21 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, where 98 grams of brown sugar was seized from his possession. The petitioner claimed innocence, arguing that the seizure violated Section 105 of the Bihar Narcotic Substances (Suppression) Act and that Section 50 of the NDPS Act was not complied with during the body search. He also contended that the quantity seized, though more than a small amount, was far below commercial quantity and that he had no prior criminal record, having been in judicial custody since 6 October 2025. The State opposed the bail application. After hearing both sides, the 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.
Issues considered
- Whether the petitioner is entitled to regular bail under the NDPS Act despite the seizure of 98 grams of narcotics.
- Whether the seizure complied with Section 105 of the Bihar Narcotic Substances (Suppression) Act.
- Whether the body search complied with Section 50 of the NDPS Act.
- Whether the quantity seized qualifies as ‘small quantity’ or ‘commercial quantity’ for bail considerations.
Legislation cited
- Bihar Narcotic Substances (Suppression) Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20, 21, 50
Subjects
- bail
- NDPS Act
- Section 20
- Section 21
- Section 50
- Section 105
- seizure procedure
- quantity of narcotics
- judicial custody
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8216 of 2026
Arising Out of PS. Case No.-344 Year-2025 Thana- LADANIA District- Madhubani
======================================================
Arun Kumar Das S/o Sri Ganga Ram Das R/o Village- Bela Navtoli, P.S-
Babu Barhi, Dist- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amitesh Kumar, Advocate
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 09-04-2026 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 20 and 21
of the N.D.P.S. Act.
3. The case of the prosecution is that altogether 98
grams of brown sugar 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. Learned counsel for the
petitioner has submitted that while making seizure, Section 105
of B.N.S.S. has not been complied and the seizure list witnesses
are police personnel. Section 50 of the NDPS Act has also not
Patna High Court CR. MISC. No.8216 of 2026(4) dt.09-04-2026
2/2
complied while searching of the body of the petitioner. 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. Moreover,
he is languishing in judicial custody since 06.10.2025.
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
Ladaniya P.S. Case No. 344 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 Principal Sessions Judge,
Madhubani.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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