Patna High Court
Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, directing release on a bond of Rs 10,000 with two sureties.
Summary
The petitioner, Suraj Kumar, was arrested in connection with NDNDPS Case No. 373 of 2025 for alleged possession of 6.020 kg of ganja seized outside his house’s veranda. He contended that the drugs were not in his possession, the seizure was made from a public area, and the police failed to comply with Section 105 of the Bihar Narcotic Substances (Suppression) Act during the seizure. The prosecution argued that the quantity recovered was sufficient to attract NDPS provisions under Sections 8 and 20(b)(ii)(B). The petitioner also highlighted his lack of prior criminal record and his continued judicial custody since 24 August 2025. After hearing both sides, the Court found the circumstances warranted bail, noting the quantity was below commercial levels and procedural lapses existed. Consequently, the Court ordered the petitioner’s release on bail upon furnishing a bond of Rs 10,000 with two sureties.
Issues considered
- Whether bail can be granted in an NDPS case where the seized quantity is 6.020 kg and the seizure was made from a public area without compliance with Section 105 of the BNSS.
- Whether the procedural lapse and the petitioner’s lack of prior criminal record justify bail despite the alleged possession of a substantial quantity of narcotics.
Legislation cited
- Bihar Narcotic Substances (Suppression) Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(B), 8
Subjects
- bail
- NDPS Act
- drug seizure
- Section 105
- quantity of narcotics
- procedural compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89832 of 2025
Arising Out of PS. Case No.-373 Year-2025 Thana- BAHADURGANJ District- Kishanganj
======================================================
Suraj Kumar S/o Sohan Lal R/o vill - Dohaliya, ward no. 4, P.S.-
Bahadurganj, Distt.- Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Meenakshi Priya, Advocate
For the Opposite Party/s : Mr. Anant Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 15-01-2026 Heard Ms. Meenakshi Priya, learned counsel for the
petitioner and Mr. Anant Kumar Pandey, learned APP for the
State.
2. The petitioner has prayed for bail in connection with
NDPS Case No. 373 of 2025 arising out Bahadurganj P.S. Case
No. 373 of 2025 registered for the offence punishable under
Sections 8, 20(b) (ii) (B) of the NDPS Act.
3. The case of the prosecution in short is that the
altogether 6.020 kg of ganja was recovered outside the veranda of
the house of this petitioner.
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. Learned
counsel for the petitioner submits that nothing has been recovered
from the possession of this petitioner rather the recovery was
Patna High Court CR. MISC. No.89832 of 2025(2) dt.15-01-2026
2/2
made from an open place, which is accessible to everyone. He
also submits that the witnesses of the seizure are police
personnel. Police has not complied with Section 105 of the BNSS
while making the seizure. He further submits that the quantum of
contraband which has been recovered from the possession of this
petitioner is though more than small quantity but is much less than
commercial quantity. Moreover, a statement has been made in
para 3 of the petition that petitioner has no criminal antecedent
and he is languishing in judicial custody since 24.08.2025.
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 Special
Judge, Exclusive Special Court (NDPS), Civil Court, Kishanganj
in connection with NDPS Case No. 373 of 2025 arising out of
Bahadurganj P.S. Case No. 373 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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