Patna High Court
Amit Kumar Vishwas @ Amit Kumar BishwasversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, directing him to furnish a bond of Rs. 10,000 with two sureties.
Summary
The petitioner, Amit Kumar Vishwas, applied for bail in a case registered under Sections 8(c), 21(b) and 21(c) of the NDPS Act for alleged possession of 100 grams of a smokable narcotic. The prosecution alleged that the seized quantity, together with 147 grams recovered from a co‑accused, constituted an offence, while the petitioner claimed that nothing was actually recovered from him and that the seizure violated Section 105 of the BNSS Act. He further asserted that the quantity, though more than a small amount, was far below a commercial quantity and that he had no prior criminal record, having been in judicial custody since 09‑09‑2025. The State opposed the bail on the ground of the seriousness of the offence and the quantity involved. After hearing both sides, the Court found merit in the petitioner’s arguments, particularly the procedural lapse and lack of antecedents, and decided to enlarge bail. The bail was conditioned on a bond of Rs. 10,000 with two sureties of equal amount, subject to the satisfaction of the Special Judge, NDPS Act, Araria.
Issues considered
- Whether bail should be granted in an NDPS case where the alleged quantity is more than a small amount but less than a commercial quantity.
- Whether the alleged non‑compliance with Section 105 of the BNSS Act during seizure warrants bail.
- Whether the petitioner’s lack of prior criminal antecedents and custodial status affect the bail decision.
Legislation cited
- BNSS Act — s. 105
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 21(c), 8(c)
Subjects
- bail
- NDPS Act
- drug possession
- Section 105
- procedural lapse
- quantity of narcotics
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8772 of 2026
Arising Out of PS. Case No.-349 Year-2025 Thana- RANIGANJ District- Araria
======================================================
Amit Kumar Vishwas @ Amit Kumar Bishwas Son of Sanjay Vishwash
Resident of village - Champanagar, Ward No.- 09, Police Station -
Champanagar, District - Purnia.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anish Kumar, Advocate
For the Opposite Party/s : Mr. Satya Nand Shukla, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 09-02-2026 Heard Mr. Anish Kumar, learned counsel for the
petitioner and Mr. Satya Nand Shukla, learned APP for the State.
2. The petitioner has prayed for bail in connection with
Raniganj P.S. Case No. 349 of 2025 registered for the offence
punishable under Sections 8(c), 21(b), 21(c) of the NDPS Act.
3. The case of the prosecution in short is that from the
possession of this petitioner, altogether 100 grams of a smack-like
substance, and from the co-accused, namely Ajay Kumar Sah, 147
grams of smack were recovered.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
offence. He has been falsely implicated in this case. He also
submits that nothing has been recovered from the possession of
this petitioner. The witnesses of the seizure list are police
Patna High Court CR. MISC. No.8772 of 2026(2) dt.09-02-2026
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personnel. Police has not complied with Section 105 of the BNSS
while making the seizure. He also submits that the alleged
recovered contraband is though more than a small quantity but is
much less than a commercial quantity. He further submits that a
statement has been made in para 3 of the petition that petitioner
has no criminal antecedent and he is languishing in judicial
custody since 09.09.2025.
5. The application for bail is opposed by learned APP
for the State.
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 enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of
the like amount each to the satisfaction of the learned Session
Judge-cum-Special Judge, NDPS Act, Araria in connection with
Raniganj P.S. Case No. 349 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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