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Patna High Court

Sanjeet KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the petitioner is entitled to regular bail.

Summary

Sanjeet Kumar was charged under sections 21 and 22(b) of the NDPS Act for allegedly loading cartons on a scooty from which 4,500 ampules containing 2.7 g of buprenorphine were seized. He contended that he had no possession, was merely employed for loading, had no criminal antecedent and was falsely implicated. The State opposed his bail application. Considering the limited quantity (far below commercial quantity), the petitioner’s lack of possession, clean record and the fact that a similarly situated co‑accused had been granted bail, the court 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 alleged involvement in loading narcotics.
  • Whether the quantity of buprenorphine seized constitutes a commercial quantity that would preclude bail.
  • Whether the absence of possession and the petitioner’s clean criminal record justify granting bail.

Legislation cited

Subjects

  • NDPS Act
  • regular bail
  • drug offence
  • buprenorphine
  • quantity of contraband
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88148 of 2025
                      Arising Out of PS. Case No.-740 Year-2025 Thana- AGAMKUAN District- Patna
                 ======================================================
                 Sanjeet Kumar S/o Late Mungeshwar Mistri R/o Village - Nandai, Pipra, P.S -
                 Pipra, District - Gaya

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Bijendra Kumar Singh
                 For the Opposite Party/s :      Mr.Arun Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   05-02-2026                    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 21 and 22

                   (b) of the NDPS Act.

                                The case of the prosecution, in short, is that three

                   persons were loading cartoons on a scooty. It is alleged that

                   from those cartoons, altogether 4500 ampules of Leegesic

                   injection were recovered in which total 2.7 gram of

                   Buprenorphine Hydrochloride was found.

                                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. Nothing has been recovered from his conscious possession
            Patna High Court CR. MISC. No.88148 of 2025(3) dt.05-02-2026
                                                        2/2




                      rather he was only employed for loading the cartoons on the

                      scooty. The witnesses of the seizure list are police personnel. It

                      has further been submitted that the contraband which has been

                      recovered is though more than small quantity but is much less

                      than commercial quantity. It has also been submitted that one of

                      the similarly situated co-accused has been granted bail by

                      learned Co-ordinate Bench vide Cr. Misc. No. 82435 of 2025.

                      Petitioner is having no criminal antecedent and he is languishing

                      in judicial custody since 07.10.2025.

                                   5. Learned APP appearing for the state has opposed

                      the prayer of regular bail.

                                   6. Considering the aforesaid 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 Agamkuan P.S. Case No. 740 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

                      Sessions Judge/Special Judge, NDPS, Patna.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T


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