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
- Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 — s. 20(b)(ii), 22(a), 8
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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