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Patna High Court

Arun PaswanversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court rejected the petitioner's bail application, holding that bail could not be granted at this stage.

Summary

Arun Paswan was arrested in connection with a case registered under sections 8, 20(b)(ii)(C) and 22(c) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, after police recovered 14.03 grams of heroin wrapped in 23 puriyas and Rs.11,780 from his possession. The petitioner filed an application for regular bail, contending that he was falsely implicated, that the seized quantity was only marginally above the statutory 'small quantity' threshold of 5 grams and far below the 'commercial quantity' of 250 grams, and that he had no prior criminal record. The State opposed bail, relying on the forensic science laboratory report that confirmed the seized substance as heroin. After hearing both sides, the Court held that the confirmation of heroin and the nature of the offence warranted denial of bail at this stage. Consequently, the bail application was rejected, but the petitioner was permitted to file a fresh bail petition after completing one year in custody or after the charge is framed, whichever occurs later. The order was pronounced by Justice Partha Sarthy of the Patna High Court.

Issues considered

  • Whether regular bail should be granted to a person accused under the NDPS Act for possession of 14.03 grams of heroin.
  • Whether the quantity seized qualifies as a 'small quantity' warranting a more lenient bail approach.
  • Whether the forensic confirmation of the seized substance as heroin precludes bail at the pre‑charge stage.

Legislation cited

Subjects

  • NDPS Act
  • regular bail
  • small quantity
  • heroin possession
  • criminal procedure
  • pre‑charge detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14154 of 2026
                          Arising Out of PS. Case No.-32 Year-2026 Thana- DIGHA District- Patna
                 ======================================================
                 Arun Paswan Son of Late Chhattu Paswan Resident of Gandhi Gali, 1st house
                 to the north of Prachin Devi Mandir, P.S.- Digha, District- Patna

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Krishna Pd. Singh, Sr. Advocate
                                                   Mr. Akhauri Kamal Kishore Sahay, Advocate
                                                   Mr. Rahul Raj, Advocate
                 For the Opposite Party/s :        Mr. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

4   13-05-2026                   Heard learned Senior Counsel for the petitioner and

                   learned A.P.P. for the State.

                                 2. The petitioner has preferred this application for

                   grant of regular bail in connection with Digha P.S. Case no.32 of

                   2026 registered under sections 8, 20(b)(ii)(C) and 22(c) of the

                   N.D.P.S. Act.

                                 3. As per the prosecution case, 23 puriyas of brown

                   sugar weighing a total of 14.03 grams besides Rs.11,780/- was

                   recovered from the possession of the petitioner.

                                 4. Learned Senior Counsel appearing for the petitioner

                   submits that the petitioner has been falsely implicated in the

                   case. No incriminating article has been recovered from the

                   petitioner’s possession. Accepting the allegations even for the
            Patna High Court CR. MISC. No.14154 of 2026(4) dt.13-05-2026
                                                        2/2




                      sake of argument, it is submitted that the alleged quantity

                      recovered is slightly more than the small quantity of 5 grams but

                      much below the commercial quantity of 250 grams. The weight

                      of 14.03 grams is including the paper in which it is said to be

                      wrapped. The petitioner is in custody since 13.1.2026 and has

                      no criminal antecedent.

                                   5. The prayer for bail is opposed by learned A.P.P for

                      the State who submits that in the FSL report, the articles seized

                      has been confirmed to be Heroin.

                                   6. Having heard learned counsel for the parties and

                      taking into consideration the allegations of recovery of 14.03

                      grams of Heroin in 23 puriyas, the Court is not inclined to

                      enlarge the petitioner on bail and the application is rejected.

                                   7. Liberty is granted to the petitioner to renew his

                      prayer for bail after completing one year in custody and after

                      framing of charge, whichever is later.



                                                       (Partha Sarthy, J)
avinash/-

U      T


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