Patna High Court
Saurabh Kumar @ Saurabh Kumar JhaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Saurabh Kumar Jha, was arrested in connection with a Mahnar police case for alleged offences under Sections 8(c) and 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, based on the recovery of approximately 10 grams of a heroin-like substance, a mobile phone and cash. The petitioner contended that he was falsely implicated, that the seizure and search were not conducted in accordance with Sections 50, 51 and 52 of the NDPS Act, and that the quantity seized was well below the commercial threshold. The State opposed bail, emphasizing the alleged recovery of narcotics. The court considered the petitioner’s clean antecedent, the period of custody, and the material on record, and decided to grant bail on a bond of Rs. 10,000 with two sureties, subject to conditions regarding attendance, non‑tampering with evidence and future offences. The order also stipulated that any violation of the conditions could lead to cancellation of bail.
Issues considered
- Whether bail should be granted to the accused under the NDPS Act given the alleged recovery of 10 grams of a narcotic substance
- Whether the seizure and search complied with Sections 50, 51 and 52 of the NDPS Act
- Whether the quantity involved falls below the commercial quantity threshold and thus warrants bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii), 50, 51, 52, 8(c)
Subjects
- bail
- NDPS Act
- drug offence
- quantity of narcotic
- procedural irregularities
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87588 of 2025
Arising Out of PS. Case No.-391 Year-2025 Thana- MAHNAR District- Vaishali
======================================================
Saurabh Kumar @ Saurabh Kumar Jha S/o Shri Chandeshwar Jha Resident of
village- Tara Chouri, Ward No 14, P.S.- Mahnar, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pranav Kumar Jha, Advocate
For the Opposite Party/s : Mr. Ramesh Chandra, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 09-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with
Mahnar P.S. Case No. 391 of 2025 registered for the offences
punishable under Sections 8(c) and 20(b)(ii) of NDPS Act.
3. As per prosecution case, total 10 gram Smack
(Heroin) like substance including plastic box, one mobile phone
and Rs. 6300/- (in cash) were recovered from the possession of
the petitioner and two persons succeeded in fleeing away from
the place of occurrence.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has committed no offence as
alleged in the FIR and he has falsely been implicated in the
present case. He further submits that search and seizure was not
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conducted according to relevant provisions i.e. Sections 50, 51
and 52 of the NDPS Act. He further submits that 10 grams of
Heroin in a plastic box has been alleged to have been recovered
which is at best of 5 gram and come in the ambit of much below
than commercial quantity as the 250 gram Smack comes under
the purview of the commercial quantity, as per NDPS
notification. He further submits that seizure list was prepared on
08.10.2025 at 22:15 PM and FIR was lodged on 09.10.2025 by
the police which appears entire prosecution case is cloudy.
Petitioner is in custody since 09.10.2025 and he bears no
criminal antecedent. Learned counsel orally submits that charge
sheet has been submitted in the case and there is no likelihood
of tampering with the prosecution evidence.
5. The learned A.P.P. for the State opposes the
prayer for bail of the petitioner by submitting that there is
alleged recovery of 10 gram Smack like substance from the
possession of the petitioner. Hence, petitioner does not deserve
bail.
6. Considering the facts and circumstances of the
case, period of custody, keeping in view clean antecedent of
petitioner, argument advanced on behalf of both sides and also
taking into consideration the material available on record, let the
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petitioner above named 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 learned Principal
District and Sessions Judge, Vaishali at Hajipur in connection
with Mahnar P.S. Case No. 391 of 2025, subject to following
conditions:-
(i) One of the bailors shall be either father or
mother or sister or brother or wife or the person who has sworn
the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will
remain present on all dates and absence for two consecutive
dates without appropriate permission, would be a ground for
cancellation of bail by the learned Trial court itself.
(iii) If the petitioner tampers with the evidence or
the witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
(iv) If the petitioner is found involved in similar
nature of offences in future, the learned trial court shall be at
liberty to cancel his bail bond.
(Alok Kumar Pandey, J)
alok/-
U T
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