Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Rahul Kumar, was arrested after 23.50 grams of narcotic contraband was allegedly recovered from his pocket in a case under the NDPS Act. He applied for regular bail, claiming innocence, lack of prior criminal record, and that the seized quantity was far below commercial levels. The State opposed the bail, arguing the seriousness of the offence. The Patna High Court, after hearing both sides, considered the modest quantity, the petitioner’s clean antecedent, and his prolonged pre‑trial detention since December 2025. Consequently, the court ordered his release on regular bail upon furnishing a Rs.10,000 bond with two sureties, subject to the satisfaction of the Special Judge of the Exclusive Special Court (NDPS) in Muzaffarpur.
Issues considered
- Whether the petitioner is eligible for regular bail under the NDPS Act given the quantity of narcotics seized
- Whether the quantity seized constitutes a commercial quantity warranting denial of bail
- Whether the petitioner’s lack of prior criminal record and prolonged pre‑trial custody justify granting bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 27, 8(c)
Subjects
- bail
- NDPS Act
- narcotics
- quantity of contraband
- criminal antecedent
- regular bail
- Patna High Court
- Muzaffarpur
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17829 of 2026
Arising Out of PS. Case No.-316 Year-2025 Thana- MITHANPURA District- Muzaffarpur
======================================================
Rahul Kumar Son of Late Chini @ China Ram Resident of village - Kali Bari
Road Near Jaijagat Industries, Ward No. 42, P.S.- Mithanpura, District-
Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
Mr. Harsha Shaswat, Advocate
For the Opposite Party/s : Mr. Madhura Nand Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 24-03-2026 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 8(c), 21(b)
and 27 of the NDPS Act.
3. The case of the prosecution is that altogether 23.50
grams of smack like contraband was recovered from the pocket
of this petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
falsely been implicated in this case. It has also been submitted
that though the quantum of the contraband which has been
recovered from the possession of this petitioner is more than
Patna High Court CR. MISC. No.17829 of 2026(2) dt.24-03-2026
2/2
small quantity but is much less than commercial quantity.
Petitioner is having criminal no criminal antecedent. Moreover,
he is languishing in judicial custody since 01.12.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the 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
Mithanpura P.S. Case No. 316 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 Special Judge,
Exclusive Special Court 1 (NDPS) Civil Court, Muzaffarpur,
Bihar.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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