Patna High Court
Anmol KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioner, subject to a bond and sureties, with a condition for possible cancellation if a prior NDPS antecedent is later discovered.
Summary
The petitioner, Anmol Kumar, was arrested on 29 November 2025 after police allegedly recovered 16 kg of a ganja-like substance from his luggage in a case registered under sections 8 and 20(b)(ii)(B) of the NDPS Act. He applied for regular bail, claiming he had no criminal antecedent and that the seized quantity was below the commercial threshold. The State opposed the bail, arguing the seriousness of the offence. The Court considered the low quantity, the petitioner’s clean record, and the fact that he had been in custody for over four months, and consequently ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties. The bail was conditioned that if any prior NDPS offence is discovered, the prosecution may seek its cancellation.
Issues considered
- Whether regular bail should be granted to the accused under sections 8 and 20(b)(ii)(B) of the NDPS Act given the quantity of narcotic seized and the length of custody.
- Whether the absence of a criminal antecedent and the quantity being below commercial threshold justify bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(B), 8
Subjects
- bail
- NDPS Act
- drug possession
- commercial quantity
- regular bail
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23889 of 2026
Arising Out of PS. Case No.-333 Year-2025 Thana- GAYA RAIL P.S. District- Gaya
======================================================
Anmol Kumar Son of Ranjeet Kumar @ Ranjeet Singh @ Ranjit Kumar
Resident of Village- Naro Murar, P.S.- Warisaliganj, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aryan Singh, Advocate
For the Opposite Party/s : Mr. Shyameshwar Dayal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 16-04-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Gaya Rail P.S. Case
no.333 of 2025 registered under sections 8 and 20(b)(ii)(B) of
the N.D.P.S. Act.
3. As per the prosecution case, the informant states
that on checking of the luggage of the petitioner, 16 kgs of ganja
like substance was recovered.
4. Learned counsel for the petitioner submits that no
incriminating article has been recovered from the petitioner’s
possession who has been falsely implicated in the case. The
petitioner is in custody since 29.11.2025. He has no criminal
antecedent. It is further submitted that the alleged quantity is
below the commercial quantity.
Patna High Court CR. MISC. No.23889 of 2026(2) dt.16-04-2026
2/2
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in
the FIR, the quantity of ganja recovered being below the
commercial quantity, the petitioner having remained in custody
for more than 4 months since 29.11.2025 and specially his not
having any criminal antecedent, the Court directs the petitioner
to be enlarged on bail in connection with Gaya Rail P.S. Case
no.333 of 2025 on furnishing bail bond of Rs.10,000/ (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Sessions Judge-cum-Special Judge,
NDPS Act, Gayaji on the following condition:
(i) In case it subsequently transpires that the petitioner
has an antecedent under the N.D.P.S. Act, the prosecution will
be at liberty to move this Court for cancellation of bail of the
petitioner.
(Partha Sarthy, J)
Saurabh/-
U T
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