Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
Sonu Kumar, a driver of an oil tanker, was arrested in connection with the seizure of 15.4 kg of ganja and charged under Sections 8, 20(b)(ii)(C), 22(C), 24 and 29 of the NDPS Act. He contended that he had no knowledge of the contraband, that the seizure was not made in compliance with Section 105 of the B.N.S.S., and that he had no prior criminal record. The State opposed his bail application, emphasizing the quantity seized. The Court, after considering the petitioner’s claim of innocence, lack of possession, procedural lapses in seizure, and his clean antecedents, decided to grant bail. He was ordered to furnish a bail bond of Rs.10,000 with two sureties to the satisfaction of the Special Judge.
Issues considered
- Whether bail can be granted in an NDPS case involving 15.4 kg of ganja.
- Whether the petitioner, as a driver, can be held liable without knowledge of the contraband.
- Whether non‑compliance with Section 105 of the B.N.S.S. during seizure warrants bail.
- Whether the quantity seized constitutes a commercial quantity affecting bail considerations.
Legislation cited
- B.N.S.S. — s. 105
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)(C), 22(C), 24, 29, 8
Subjects
- bail
- NDPS Act
- drug seizure
- driver liability
- Section 105
- commercial quantity
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88811 of 2025
Arising Out of PS. Case No.-220 Year-2025 Thana- CHAKIA District- East Champaran
======================================================
Sonu Kumar, Son of Shatrudhan Rai, Resident of Village - Mugauli, Police
Station - Sariya, District - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
For the Opposite Party/s : Mr. Rajiv Nayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Chakia P.S. Case No.220 of 2025 registered for the offence
punishable under Sections 8, 20(b)(ii)(C), 22(C), 24 and 29 of
the N.D.P.S. Act.
3. The case of the prosecution, in short, is that from an
oil tanker in a packet concealed therein altogether 15.4 Kg of
ganja 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
case. He is driver of that tanker. He was having no knowledge
regarding the alleged contraband. It has further been submitted
Patna High Court CR. MISC. No.88811 of 2025(2) dt.06-01-2026
2/2
that nothing has been recovered from the possession of this
petitioner. The witnesses are police personnel. The police has
not complied Section 105 of the B.N.S.S. while making seizure.
It has also been submitted that the alleged recovery is though
more than small quantity but is much less than commercial
quantity. Petitioner is having no criminal antecedent and he is
languishing in judicial custody since 06.05.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
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
Exclusive Special Judge Court No. II, NDPS Act, East
Champaran at Motihari in connection with Chakia P.S. Case
No.220 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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