Patna High Court

Raja KumarversusThe State of Bihar

Decided: 19 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted bail to the petitioner.

Summary

Raja Kumar was arrested in connection with NDPS Case No. 74 of 2025 for alleged possession of 50 grams of smack, alleged violations of Sections 8(C) and 21(b) of the NDPS Act and Section 111 of the Bihar Narcotic Substances Act, 2023. The petitioner claimed innocence, argued that the seizure was not made in compliance with Section 105 of the BNSS Act, and contended that the quantity seized was far below commercial levels. The State opposed bail, citing two prior criminal cases against the petitioner. After hearing both sides, the Patna High Court found that the circumstances warranted bail despite the alleged quantity and prior antecedents. The court ordered the petitioner to be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to the satisfaction of the concerned Special Judge.

Issues considered

Whether bail can be granted in an NDNDPS case involving possession of 50 grams of contraband.
Whether non‑compliance with Section 105 of the BNSS Act during seizure vitiates the prosecution’s case.
Whether the petitioner’s prior criminal antecedents preclude bail.

Legislation cited

Bihar Narcotic Substances Act, 2023 — s. 105, 111

Subjects

bail
NDPS Act
seizure compliance
quantity threshold
prior criminal antecedent
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9408 of 2026
                     Arising Out of PS. Case No.-296 Year-2025 Thana- SAHEBPUR KAMAL District-
                                                        Begusarai
                 ======================================================
                 Raja Kumar S/o Vinod Kumar R/o Vill.- Ramchandrapur,ward No.- 35,p.s-
                 Jamalpur,dist- Munger

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ashutosh Kumar Verma, Adv.
                 For the Opposite Party/s :      Mr. Ajit Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   19-02-2026                   Heard Mr. Ashutosh Kumar Verma, learned counsel for

                   the petitioner and Mr. Ajit Kumar, learned APP for the State.

                                 2. The petitioner has prayed for bail in connection with

                   N.D.P.S. Case No. 74 of 2025 arising out of Sahebpur Kamal P.S.

                   Case No. 296 of 2025 registered for the offence punishable under

                   Sections 8(C), 21(b) of the N.D.P.S. Act and Section 111 of the

                   B.N.S., 2023.

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

                   50 grams of smack was recovered from the possession 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. He also

                   submits that nothing has been recovered from the possession of
           Patna High Court CR. MISC. No.9408 of 2026(2) dt.19-02-2026
                                                       2/2




                     this petitioner. He also submits the witnesses of the seizure list are

                     police personnel and the police has not complied with Section 105

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

                     alleged recovery of contraband is though more than small quantity

                     but is much less than commercial quantity. Moreover, the

                     petitioner is languishing in judicial custody since 10.10.2025.

                                  5. The application for bail is opposed by learned APP

                     for the State and submits that the petitioner is having criminal

                     antecedent of two cases.

                                  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 District &

                     Additional Sessions Judge, 1st Class-cum-Special Judge, NDPS

                     Act and P.O. of Children Court, Begusarai in connection with

                     N.D.P.S. Case No. 74 of 2025 arising out of Sahebpur Kamal P.S.

                     Case No. 296 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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