Patna High Court

Ajay Kumar SahversusThe State of Bihar

Decided: 6 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted bail to the petitioner, subject to a bond of Rs 10,000 and two sureties.

Summary

Ajay Kumar Sah was arrested in connection with a case registered under Sections 8(c), 21(b) and 21(c) of the NDPS Act, where the police claimed to have recovered 147 grams of a smokable narcotic from his possession. The petitioner contended that he was innocent, that no contraband was actually seized from him, and that the seizure was not carried out in accordance with Section 105 of the Bihar Narcotic Substances (Control) Act. He further argued that, although the quantity exceeded the ‘small quantity’ threshold, it was far below the ‘commercial quantity’ and that he had been in judicial custody since 9 September 2025. The State opposed the bail application, relying on the alleged possession of a substantial amount of narcotic. After hearing both sides, the Court considered the procedural lapse in seizure and the relatively low quantity, and decided to grant bail on condition of a Rs 10,000 bond with two sureties. The order directed the petitioner to appear before the Sessions Judge‑cum‑Special Judge, NDPS, Araria, for bail formalities.

Issues considered

Whether bail should be granted in an NDPS case where 147 grams of narcotic is alleged to have been seized.
Whether the seizure complied with the procedural requirements of Section 105 of the Bihar Narcotic Substances (Control) Act.
Whether the quantity involved, being less than commercial quantity, warrants bail despite the seriousness of the offence.

Legislation cited

Bihar Narcotic Substances (Control) Act — s. 105
Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 21(c), 8(c)

Subjects

bail
NDPS Act
drug possession
seizure procedure
quantity of narcotic
judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88715 of 2025
                       Arising Out of PS. Case No.-349 Year-2025 Thana- RANIGANJ District- Araria
                 ======================================================
                 Ajay Kumar Sah S/o Late Gyanchandra Sah Resident of Village -
                 Champanagar Krityanandnagar, Ward no. 09, P.S - Champanagar
                 Krityanandnagar, 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. Pawan Kumar Chaurasia, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   06-01-2026                     Heard Mr. Anish Kumar, learned counsel for the

                   petitioner and Mr. Pawan Kumar Chaurasia, 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) and 21(c) of the

                   NDPS Act.

                                3. The case of the prosecution in short is that from the

                   possession of this petitioner, altogether 147 gram of smack like

                   material was 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
           Patna High Court CR. MISC. No.88715 of 2025(2) dt.06-01-2026
                                                       2/2




                     case. Learned counsel for the petitioner submits that nothing has

                     been recovered from the possession of this petitioner. The

                     witnesses of the seizure list are police personnel. It is also

                     submitted that the police have not complied with Section 105 of

                     the BNSS while making the seizure. He further submits that the

                     alleged recovery is though more than small quantity but is much

                     less than commercial quantity. Moreover, the petitioner 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

                     Sessions 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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