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Patna High Court

Karan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

The Court granted bail to the petitioner, directing him to furnish a bail bond of Rs 10,000 with two sureties.

Summary

Karan Kumar was arrested on 12‑08‑2025 for alleged possession of 6.22 g of "smack" and charged under Sections 8, 20(b)(ii) and 22(a) of the NDPS Act, 1985. He applied for bail, contending that the quantity was intermediate, close to the small‑quantity threshold, and that mandatory procedural requirements of the NDPS Act had not been complied with. The State opposed the bail application. The Court examined the quantity seized, the duration of custody, and the statutory provisions governing bail in NDPS cases. Finding that the amount was nearer to a small quantity and that the petitioner had been in custody for several months, the Court ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties of equal amount.

Issues considered

  • Whether bail should be granted to the accused under the NDPS Act for possession of 6.22 g of narcotic substance.
  • Whether the quantity seized qualifies as a small or intermediate quantity for the purpose of bail.
  • Whether the mandatory procedural requirements under the NDPS Act were complied with.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • possession of narcotic
  • small quantity
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14056 of 2026
                 Arising Out of PS. Case No.-328 Year-2025 Thana- BEGUSARAI TOWN District- Begusarai
                 ======================================================
                 Karan Kumar Son of Late Narayan Paswan @ Narayan Paswan Resident of
                 Village- Mungeriganj, ward no. 32, P.S.- Town (Nagar), District- Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sandip Kumar Gautam
                 For the Opposite Party/s :      Mr.Dr.Mrityunjaya Kr.Gautam
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

3   01-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in Town P.S. Case No. 328

                   of 2025 registered for the offence punishable under Sections-8,

                   20(b)(ii),22(a) of the NDPS Act, 1985.

                                3. Allegedly, 6.22 gms of smack is said to have been

                   recovered from possession of the petitioner.

                                4. It has been submitted on behalf of the petitioner

                   that the recovery of smack in question is 6.22 gms which is

                   intermediate. It has also been submitted that mandatory

                   procedures of NDPS Act have not been followed. The petitioner

                   is under custody since 12-08-2025.

                                5. Learned APP has opposed the prayer for bail.

                                6. Considering the fact that the the quantity of
            Patna High Court CR. MISC. No.14056 of 2026(3) dt.01-04-2026
                                                        2/2




                      recovery of smack is much near the small quantity than the

                      commercial quantity and the petitioner is in custody since 12-

                      08-2025, let the petitioner named above, be released on bail on

                      furnishing bail bond of Rs. 10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      Court below/concerned Court, Begusarai in connection with

                      N.D.P.S. Case No. 53 of 2025 arising out of Town P.S. Case No.

                      328 of 2025.



                                                       (Ansul, J)
A.K.V.//-

U      T


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