Gautam Kumar Vs The state of Bihar — Narcotics (NDPS) | Patna HC (2026)

Gautam Kumar Vs The state of Bihar — Narcotics (NDPS) | Patna HC (2026)

What the court decided

AI extract

Outcome

Regular bail granted; petitioner directed to be released in connection with Sahebpur Kamal P.S. Case No. 312 of 2025 on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned District & Additional Sessions Judge-1st-cum-Special Judge (NDPS Act) & P.O. of Children Court, Begusarai.

Issue for consideration

Whether the petitioner, arraigned in Sahebpur Kamal P.S. Case No. 312 of 2025 for offences under Sections 25(1-B)a, 26 & 35 of the Arms Act and Sections 8(c) and 21(b) of the NDPS Act, should be enlarged on regular bail.

Court's answer

Considering the facts and circumstances of the case, the court enlarged the petitioner on regular bail in connection with Sahebpur Kamal P.S. Case No. 312 of 2025, directing his release on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the District & Additional Sessions Judge-1st-cum-Special Judge (NDPS Act) & P.O. of Children Court, Begusarai.

Detailed headnote1 paragraphs

Bail granted (NDPS/Arms Act): Petition filed under Cr.M.P. seeking regular bail in Sahebpur Kamal P.S. Case No. 312 of 2025 (Sections 25(1-B)a, 26 & 35 Arms Act; Sections 8(c) and 21(b) NDPS Act) arising from alleged recovery of 24 gm smack from the petitioner's pocket. Defence contended nothing was recovered from his possession, seizure-list witnesses were police personnel, Sections 50 and 52 NDPS Act were not complied with, and the recovered quantity exceeded small quantity but was far below commercial quantity; petitioner in judicial custody since 03.11.2025. The State opposed the bail prayer. Considering the facts and circumstances, the High Court enlarged the petitioner on bail on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the District & Additional Sessions Judge-1st-cum-Special Judge (NDPS Act) & P.O. of Children Court, Begusarai. (Ashok Kumar Pandey, J.)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16455 of 2026

Arising Out of PS. Case No.-312 Year-2025 Thana- SAHEBPUR KAMAL District-

Begusarai

======================================================

Gautam Kumar S/O Sagar Rai @ Sagar Yadav R/O Vill - Ward No - 3, Raghunathpur Raghunathpur Karari, P.S - Sahebpur Kamal,Dist- Begusarai

... ... Petitioner/s

Versus

The state of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Pritish Kumar Lal, Advocate For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

2 16-03-2026

Heard learned counsel for the petitioner and learned

APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 25(1-B)a, 26 & 35 of the Arms Act and under Sections 8(c) and 21(b) of the Narcotic Drugs and Psychotropic Substances Act.

3. The case of the prosecution, in short, is that altogether 24 gm of smack was recovered from the pocket of the petitioner.

4. Learned counsel for the petitioner submits that nothing has been recovered from the possession of this petitioner. Learned counsel for the petitioner has further submitted that the witnesses of the seizure list are police

Patna High Court CR. MISC. No.16455 of 2026(2) dt.16-03-2026 2/2

personnel and police has not complied Sections 50 and 52 of the NDPS Act. It has further been submitted that alleged recovery of contraband is though more than small quantity but is much less than commercial quantity. Learned counsel for the petitioner has submitted that the petitioner is in judicial custody since 03.11.2025.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sahebpur Kamal P.S. Case No. 312 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned District & Additional Sessions Judge- 1^st -cum- Special Judge (NDPS Act) & P.O. of Children court, Begusarai.

(Ashok Kumar Pandey, J)

durgesh/-

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