Patna High Court
Jitendra SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that, given the minimal quantity of narcotic recovered, the petitioner’s clean antecedent, and the circumstances of his custody, bail should be granted under Section 480(3) of the B.N.S.S.
Summary
Jitendra Sah was arrested in connection with a case under the NDPS Act for alleged possession of 14.90 grams of a brown sugar-like narcotic substance and a mobile phone. The petitioner claimed false implication, highlighted a record error showing 80 grams instead of the actual 14.90 grams, and pointed to his clean antecedent and custody since 11‑12‑2025. The State opposed bail. Considering the small quantity of contraband, the petitioner’s clean record, and the length of custody, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the B.N.S.S. and other standard bail conditions.
Issues considered
- Whether bail should be granted to the accused under the NDPS Act for possession of a small quantity of narcotic substance.
- Whether the discrepancy in the recorded quantity of the seized substance impacts the bail decision.
- Whether the accused’s clean antecedent and period of custody justify the grant of bail.
Legislation cited
- B.N.S.S. — s. 480(3)
- Narcotic Drugs and Psychotropic Substances Act — s. 21, 22, 23, 27
Subjects
- bail
- NDPS Act
- narcotic possession
- small quantity
- clean antecedent
- Section 480(3)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9014 of 2026
Arising Out of PS. Case No.-198 Year-2025 Thana- LAUKAHA District- Madhubani
======================================================
Jitendra Sah S/o Ram Bahadur Sah @ Ram Bahadur Sahu Haluwai @ Ram
Bahadur Sahu, R/o Village - Narha, Rigaul Gaon Palika, P.S.- Bhagwanpur,
District -Sirha, Nepal.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate
Mr. Rajesh Kumar, Advocate
For the Opposite Party/s : Mr. Rajiv Nayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with G.R. No. 114 of 2025, arising out of Laukaha
P.S. Case No. 198 of 2025 dated 10.12.2025, registered for the
offences punishable under Sections 21, 22, 23 and 27 of the
NDPS Act.
3. As per the prosecution case, recovery of 14.90
grams of brown sugar like substance was made from the
petitioner apart from mobile phone.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner has falsely been implicated in
the present case. Nothing incriminating has been recovered from
person or possession of the petitioner. Learned counsel further
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submits that though recovery of 14.90 grams of brown sugar
was alleged, however, in the rejection order the learned Sessions
Court has mentioned recovery of 80 grams of brown sugar,
which is an error of record. The petitioner was apprehended
merely on the basis of suspicion. The amount of recovered
contraband is much less than commercial quantity. Learned
counsel next submits that petitioner is having clean antecedent.
Learned counsel lastly submits that petitioner is in custody since
11.12.2025.
5. Learned A.P.P. appearing on behalf of the State
opposes the submissions made on behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
quantity of recovered contraband and further considering the
petitioner’s clean antecedent and his period of custody, the
petitioner, above-named, is directed to be released on bail, on
furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand
Only) with two sureties of the like amount each to the
satisfaction of learned Principal Sessions Judge, Madhubani /
concerned Court, in connection with Laukaha P.S. Case No.
198 of 2025, subject to the condition laid down under Section
480(3) of the B.N.S.S. and other following conditions:
(i) One of the bailors will be a close relative of the
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petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below, if so required by the learned
trial Court.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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