Patna High Court
Abhishek Kumar @ Chintu SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The Court grants bail to the petitioner.
Summary
The petitioner, Abhishek Kumar, was arrested in connection with a case alleging possession of 430 grams of ganja and 35 grams of heroin recovered from his residence. He applied for bail, contending that the quantities were below the commercial threshold under the Narcotic Drugs and Psychotropic Substances (NDPS) Act and that no contraband was found in his conscious possession. The petitioner also highlighted his clean record and the fact that a co‑accused had already been granted bail in a related matter. The State opposed the bail on the ground of the seriousness of the offences under Sections 8, 20(b)(ii)(B) and 29 of the NDPS Act. The Court, considering the sub‑commercial quantities, the petitioner’s lack of prior criminal history, and the precedent of bail to the co‑accused, decided to grant bail. Bail was ordered on a bond of Rs.10,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted in an NDPS case where the seized narcotics are below commercial quantity but above small quantity for heroin.
- Whether the absence of conscious possession and a clean antecedent justify bail under the NDPS Act.
- Whether the grant of bail to a co‑accused influences the decision on bail for the petitioner.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)(B), 29, 37, 8
Subjects
- bail
- NDPS Act
- narcotics
- small quantity
- commercial quantity
- possession
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2826 of 2026
Arising Out of PS. Case No.-245 Year-2025 Thana- JANDAHA District- Vaishali
======================================================
Abhishek Kumar @ Chintu Singh S/o- Vijay Singh Village- Dih Buchauli @
Dih Bichauli, PS- Mahisaur Jandaha District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vasant Vikas, Advocate
For the Opposite Party/s : Mr. Jai Narain Thakur, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Jandaha P.S. Case No. 245 of 2025, instituted for the offences
punishable under Sections 8, 20(b)(ii)(B) and 29 of the
Narcotics Drugs and Psychotropic Substance Act.
3. The prosecution case, in short, is that there is
recovery of 430 grams of Ganja and 35 grams of Heroin (Kota)
from the house of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case only on the basis of suspicion and to harass the
petitioner. He further submits that the quantity of Ganja
Patna High Court CR. MISC. No.2826 of 2026(2) dt.28-01-2026
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recovered is less than the small quantity as per N.D.P.S. Act and,
so far as Heroine (Kota) is concerned, the same is also slightly
higher than the small quantity but, much less than the
commercial quantity and, hence, Section 37 of the N.D.P.S. Act
is not applicable in the present case. Nothing incriminating
material has been recovered from the conscious possession of
the petitioner. Learned counsel for the petitioner also submits
that the petitioner has got no concern with the alleged recovery
of alleged Heroine (Kota) or the Ganja. The petitioner is in
custody since 13.08.2025 and has got no criminal antecedent. It
is next submitted that co-accused has already been granted bail
by the Co-ordinate Bench of this Court vide order dated
05.08.2025 passed in Cr. Misc. No. 48548 of 2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, the recovered contraband being below the
commercial quantity, the period of custody undergone by the
petitioner. Moreover, co-accused has already been granted bail
by the Co-ordinate Bench of this Court vide order dated
05.08.2025 passed in Cr. Misc. No. 48548 of 2025, this Court is
inclined to grant bail to the petitioner.
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7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.10,000/- (Ten thousand) with two sureties of
the like amount each to the satisfaction of Court
below/concerned Court in connection with Jandaha P.S. Case
No. 245 of 2025.
(Ramesh Chand Malviya, J)
Mayank/-
U T
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