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Patna High Court

Subham KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner, finding no justification for continued detention.

Summary

The petitioner, Subham Kumar, was arrested in connection with a case registered under Sections 8(c) and 21(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for possession of 16.490 grams of cannabis, an intermediate quantity. He applied for regular bail, contending that the mandatory provisions of Section 50 of the NDPS Act were not complied with during the search and seizure, and that he had no prior criminal record. The State opposed the bail on the ground of the nature of the offence. The Court noted the petitioner’s lack of antecedents, the completion of the investigation, and the alleged procedural lapse, and found no reason to keep him detained. Consequently, the Court ordered his release on bail upon furnishing a bond of Rs.20,000 with two sureties of equal amount.

Issues considered

  • Whether bail can be granted in a case involving an intermediate quantity of narcotic under Sections 8(c) and 21(b) of the NDPS Act.
  • Whether the mandatory requirements of Section 50 of the NDPS Act were complied with during the seizure, affecting the bail application.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • intermediate quantity
  • Section 50
  • regular bail
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86714 of 2025
                  Arising Out of PS. Case No.-1581 Year-2025 Thana- PHULWARISHARIF District- Patna
                 ======================================================
                 Subham Kumar Son of Anil Pandey Resident of Village- Jogiya Toli, Ps-
                 Phulwarisharif, Dist- Patna

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Ganesh Prasad Yadav, Advocate
                 For the State          :        Mr. Mithlesh Kumar Khare, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   09-01-2026                    Heard Mr. Ganesh Prasad Yadav, learned counsel for

                   the Petitioner and Mr. Mithlesh Kumar Khare, learned APP for

                   the State.

                                  2. Petitioner seeks regular bail in connection with

                   Phulwari Sharif P.S. Case No. 1581 of 2025 dated 27.09.2025

                   registered for the offences punishable under Sections 8(c) and

                   21 (b) of the NDPS Act.

                                 3. The main submissions advanced by the petitioner’s

                   counsel are that the instant matter relates to the recovery of

                   16.490 grams of smack and the same comes under the purview

                   of intermediate quantity and during the search and seizure of

                   the narcotic contraband, the mandatory provisions of the Section

                   50 of the NDPS Act has not been complied. It is lastly submitted

                   that the petitioner has been languishing in jail since 28.09.2025
           Patna High Court CR. MISC. No.86714 of 2025(2) dt.09-01-2026
                                                       2/2




                     having no criminal antecedent and against him, the investigation

                     has been completed.

                                  4. Learned APP for the State has opposed the prayer

                     for bail of the petitioner.

                                  5. Considering the aforesaid submissions and the

                     averments made in the application, mainly coupled with the fact

                     that the petitioner bears no criminal antecedent and has been

                     languishing in jail since 28.09.2025, this Court is inclined to

                     release the petitioner on bail. Accordingly, let the petitioner

                     named-above be released on bail on furnishing bail bond of Rs.

                     20,000/- (Rupees Twenty Thousand) with two sureties of the

                     like amount each to the satisfaction of the concerned Court in

                     connection with Phulwari Sharif P.S. Case No. 1581 of 2025.



                                               (Shailendra Singh, J)
maynaz/-

U     T


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