Patna High Court
Sanjeet KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21, 22(b)
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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