Patna High Court
Guddu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSUL
Holding
Bail was denied as the quantity seized was close to commercial quantity under the NDPS Act.
Summary
Guddu Kumar was arrested in Naubatpur Police Station for possession of 150 grams of 'smack', alleged to be a commercial quantity, and was charged under Sections 8(c) and 21(c) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. He filed a bail application before the Special Judge-1, NDPS Court, Patna. The High Court examined the bail petition, noting that the seized quantity approximated a commercial amount, which under the NDPS Act is a ground to deny bail. Consequently, the court rejected the bail application, stating that the petitioner may file a fresh bail petition after six months if the trial remains pending. The court also clarified that its observations were prima facie and limited to the bail application, without prejudice to the merits of the criminal trial.
Issues considered
- Whether bail should be granted to an accused under the NDPS Act when the seized narcotic quantity is close to commercial quantity
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(c), 8(c)
Subjects
- bail
- NDPS Act
- commercial quantity
- narcotics
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25598 of 2026
Arising Out of PS. Case No.-778 Year-2025 Thana- NAUBATPUR District- Patna
======================================================
Guddu Kumar Son of Raju Paswan Resident of village- Phulwarisharif
Rastriyaganj, Ps- Phulwarisharif, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ganesh Prasad Yadav, Advocate
For the Opposite Party/s : Mr.Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
3 14-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in Naubatpur P.S. Case No.
778 of 2025 (Special Case No. 46 of 2026) registered for the
offences punishable under Section 8(c) and 21(c) of NDPS Act
which is pending before the learned Spl. Judge-1, NDPS Act,
Patna.
3. The allegation against the petitioner is that 150
Gms of smack was recovered from the possession of the
petitioner.
4. Considering that quantity nearer to the commercial
quantity was recovered from the possession of the petitioner,
this court is not inclined to grant bail to the petitioner.
5. Accordingly, the prayer for the bail of the
Patna High Court CR. MISC. No.25598 of 2026(3) dt.14-05-2026
2/2
petitioner is rejected.
6. The petitioner may renew his prayer for
bail after six months if the trial is not concluded.
7. It is made clear that any observation made
herein is prima facie in nature and limited solely for
the purpose of adjudication of the present bail
application. Such observations shall not be construed
as an expression on the merits of the case and shall not
influence the trial or any other proceedings in any
manner.
(Ansul, J)
Vikash/-
U T
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