Patna High Court
Ram Kumar @ RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The Court held that bail is appropriate where the seized narcotic quantity is below commercial quantity and the accused is not a flight risk, and therefore allowed the bail application.
Summary
Ram Kumar was arrested in Phulwarisharif for alleged possession of 1.35 g of brown sugar, charged under Sections 8(c) and 21(b) of the NDPS Act. The total narcotic seized from all five accused was 6.47 g, which is well below the commercial quantity of 250 g and only slightly above the small‑quantity threshold of 5 g. The petitioner claimed innocence, argued that the amount in his possession was less than the small‑quantity limit, and noted that he was already on bail in a separate case under the Bihar Prohibition and Excise Act. The State opposed bail. The Court considered the minimal quantity, the petitioner’s custody since 15‑Oct‑2025, and the principle of bail under the NDPS Act, and ordered his release on regular bail upon furnishing a bond of Rs 10,000 with two sureties. The bail application was allowed.
Issues considered
- Whether regular bail should be granted to an accused under Sections 8(c) and 21(b) of the NDPS Act when the seized quantity is below commercial quantity and marginally above the small‑quantity limit.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 8(c)
Subjects
- bail
- NDPS Act
- small quantity
- narcotic possession
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.201 of 2026
Arising Out of PS. Case No.-1687 Year-2025 Thana- PHULWARISHARIF District- Patna
======================================================
Ram Kumar @ Ram S/O Ramesh Paswan R/O Mohalla- 57 Gurgama
Marcho, P.S - Shahpur, District -Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Bhardwaj, Advocate
For the Opposite Party/s : Mr.Rajesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seek regular bail in Phulwarisharif
P.S. Case No. 1687 of 2025 dated 14-10-2025, registered under
Sections 8 (C) and 21(b) of the Narcotic Drugs and
Psychotropic Substances Act, 1985.
3. The allegation is of recovery of 1.35 gram of brown
sugar from the conscious possession of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. It is further submitted that the total recovery from
the possession of all five accused persons is 6.47 grams, which
is much below the commercial quantity of 250 grams and only
marginally above the small quantity of 5 grams. So far as the
Patna High Court CR. MISC. No.201 of 2026(2) dt.15-01-2026
2/2
petitioner is concerned, only 1.35 grams of brown sugar was
recovered from his conscious possession, which is much less
than the small quantity. It is further submitted that the petitioner
has one criminal case pending under the Bihar Prohibition and
Excise Act, in which he is already on bail. The petitioner has
been in custody since 15.10.2025.
5. Learned Additional Public Prosecutor for the State
has opposed the prayer.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the learned Sessions Judge/ Special
Court (NDPS) Patna, in connection with Phulwarisharif P.S.
Case No. 1687 of 2025 of 2025.
7. The application stands allowed.
(Khatim Reza, J)
shyambihari/-
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