Patna High Court
Subham KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
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
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 50, 8(c)
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
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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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