Allowed¶17

Satish Kumar v. The State of Bihar

NDPS Act – Bail

Patna HC8 Jul 2026CR. MISC./44093/2026

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Case brief

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What is this about?

Patna High Court, Criminal Miscellaneous No.44093 of 2026, decided 08-07-2026 by Arun Kumar Jha, J: bail application allowed under Sections 8(c), 21(c), 22(c) N.D.P.S. Act in Jaynagar P.S. Case No. 169 of 2026 (District Madhubani) for alleged carrying of 14 gms brown sugar, quantity much less than commercial quantity; custody since 15.04.2026; bail bond Rs. 10,000/- with two sureties; conditions under Section 480(3) B.N.S.S.

What did the court decide?

Petitioner released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Principal Sessions Judge, Madhubani/concerned Court, subject to Section 480(3) B.N.S.S. conditions and further conditions (one bailor a close relative; presence on each date fixed; bond cancellable on default). ¶17

Satish Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner is entitled to bail in connection with Jaynagar P.S. Case No. 169 of 2026 registered for alleged offences under Sections 8(c), 21(c), 22(c) of the N.D.P.S. Act.

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Court's answer

Petitioner directed to be released on bail, the Court being guided by the seized contraband being much less than the commercial quantity, the period of custody, and his clean antecedents.

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Ratio / Principle

Release on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Principal Sessions Judge, Madhubani/concerned Court in connection with Jaynagar P.S. Case No. 169 of 2026.

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Key takeaways

Bail subject to the conditions mentioned in Section 480(3) of B.N.S.S. and further conditions: one bailor to be a close relative; presence on each and every date fixed by the court below; bail bond liable to cancellation on absence on three consecutive dates or violation of bail terms.ratio¶22

Detailed headnote1 paragraphs

NDPS Act - Bail - Ss. 8(c), 21(c), 22(c) - Alleged carrying of 14 gms of brown sugar; quantity of seized contraband held to be much less than the commercial quantity - Petitioner in custody since 15.04.2026 with clean antecedent - Bail granted on bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Principal Sessions Judge, Madhubani, subject to conditions under Section 480(3) B.N.S.S. and further conditions (one bailor a close relative; presence on each and every date; bond cancellable on absence on three consecutive dates or violation of terms).

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.44093 of 2026

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Arising Out of PS. Case No.-169 Year-2026 Thana- JAYNAGAR District- Madhubani

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

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Satish Kumar S/O Late Baban Mahto Resident of Vill.-Betauna Ward N. 7, P.S.- Jaynagar, District- Madhubani

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Shailendra Kumar Jha, Advocate Ms. Isha Anu, Advocate Mr. Abhijeet Kunal, Advocate For the Opposite Party/s : Mr.Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

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2 08-07-2026

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Heard learned counsel for the petitioner and learned

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APP for the State.

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In the present case, the petitioner seeks bail in connection with Jaynagar P.S. Case No. 169 of 2026 registered for the alleged offences under Sections 8(c), 21(c), 22(c) of N.D.P.S. Act.

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As per prosecution case, the petitioner was apprehended carrying 14 gms of brown sugar.

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Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the person or possession of the petitioner. There is non-compliance of

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Patna High Court CR. MISC. No.44093 of 2026(2) dt.08-07-2026 2/3

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mandatory provisions of search and seizure and the seizure list witnesses are police officials. Learned counsel further submits that the weight of contraband has been taken along with polythene in which the contraband was allegedly being carried. In any case, the weight of the brown sugar is 14 gms which is more than the small quantity of 5 gms and much less the commercial quantity of 50 gms. The petitioner is having clean antecedent and he is in custody since 15.04.2026.

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Learned APP opposes the submission made on behalf of the petitioner. Learned APP submits that the petitioner was caught red handed while taking 14 gms of brown sugar.

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Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the quantity of seized contraband which is much less the commercial quantity and further considering the period of custody of the petitioner and his clean antecedent, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Principal Sessions Judge, Madhubani/concerned Court in connection with

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Patna High Court CR. MISC. No.44093 of 2026(2) dt.08-07-2026 3/3

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Jaynagar P.S. Case No. 169 of 2026, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following

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conditions :

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(i) One of the bailors will be a close relative of the petitioner.

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(ii) The petitioner will remain present on each and every date fixed by the court below. (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.

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(Arun Kumar Jha, J)

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DKS/-

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U T

Satish Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Satish Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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