Patna High Court
Sagar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner subject to monetary sureties and conditions of appearance.
Summary
The petitioner, Sagar Kumar, was arrested in a police raid that recovered a loaded pistol, two cartridges and 3.5 grams of cannabis resin. He is charged under several sections of the Bharatiya Nyaya Sanhita, 2023, the Arms Act and the NDPS Act. The petitioner contended that the contraband was not in his conscious possession, the quantity was below commercial limits and the NDPS procedural requirements were not met, and he sought bail. The State opposed the bail on the ground of the seriousness of the offences. Considering the low quantity of narcotics, the length of custody since 31‑08‑2025 and the lack of incriminating material directly linked to the petitioner, the Court inclined to grant bail with monetary and surety conditions and a requirement to appear at every trial date.
Issues considered
- Whether bail should be granted to the accused despite charges under the Bharatiya Nyaya Sanhita, Arms Act and NDPS Act
- Whether the quantity of narcotic seized (3.5 g) falls below the commercial quantity threshold affecting bail considerations
- Whether the procedural requirements of Sections 42 and 50 of the NDPS Act have been complied with
- Impact of the accused's prior criminal antecedent and period of pre‑trial detention on bail
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 111, 310(4), 310(5), 317(2), 317(5), 3(5)
- NDPS Act — s. 18, 22, 37, 42, 50
Subjects
- bail
- Narcotic Drugs and Psychotropic Substances Act
- Arms Act
- Bharatiya Nyaya Sanhita
- pre‑trial detention
- commercial quantity
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8831 of 2026
Arising Out of PS. Case No.-611 Year-2025 Thana- MADHAURAH District- Saran
======================================================
Sagar Kumar S/O Minu Mishra Resident of Village- Bakhara, P.S- Saraiya,
District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate
Mr.Raju Kumar, Advocate
Mr. Shubham Samrat, Advocate
For the Opposite Party/s : Mr.Rana Randhir Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in Marhowrah P.S. Case
No. 611 of 2025, instituted for the offences punishable under
Sections 310(4), 310(5), 317(2), 317(5), 111, 3(5) of the
Bharatiya Nyaya Sanhita, 2023, read with Sections 25(1-B)(a),
26, 35 of the Arms Act, Sections 18 and 22 of the NDPS Act.
3. The prosecution case, in short, is that on the basis
of secret information, the police raided the place of occurrence
and arrested the petitioner along with other co-accused persons.
It is further alleged that on search, the police has recovered one
loaded country made pistol, two live cartridge and total 3.5
gram smack from the possession of the petitioner.
Patna High Court CR. MISC. No.8831 of 2026(2) dt.04-02-2026
2/3
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. Learned counsel for
the petitioner also submits that the petitioner has got no concern
either with the arms or with the smack. It is further submitted
that the petitioner has been arrested only on the basis of
suspicion. The recovered contraband is below the commercial
quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable
in the present case. Learned counsel for the petitioner further
submits that other co-accused has been granted bail by this
Court vide order dated 20.01.2026 passed in Cr. Misc. No. 91 of
2026. The petitioner is in custody since 31.08.2025 and has got
one criminal antecedent. There is no compliance of Sections 42
and 50 of the N.D.P.S. Act.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, the recovered contraband being below the
commercial quantity and taking into account the period of
custody undergone by the petitioner, this Court is inclined to
grant bail to the petitioner.
Patna High Court CR. MISC. No.8831 of 2026(2) dt.04-02-2026
3/3
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Marhowrah P.S.
Case No. 611 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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