Patna High Court
Gaurav KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner subject to bond and surety conditions.
Summary
Gaurav Kumar was arrested in connection with a case registered under Sections 8(c) and 21(b) of the NDPS Act for allegedly possessing 39 grams of smack and a mobile phone. The petitioner pleaded innocence, argued that the quantity was below the commercial threshold, and highlighted his clean antecedent and custody since 30‑09‑2025. The State opposed bail. The Court considered the facts, the low quantity, and the petitioner’s background, and ordered that bail be granted on a bond of Rs.10,000 with two sureties, subject to cooperation with the trial and verification of any other criminal antecedents.
Issues considered
- Whether the petitioner is eligible for regular bail under the NDPS Act for possession of 39 grams of narcotic substance.
- Whether the quantity being less than commercial quantity warrants grant of bail.
- Whether the petitioner’s clean antecedent and period of custody affect the bail decision.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 8(c)
Subjects
- NDPS Act
- regular bail
- possession of narcotics
- commercial quantity
- criminal antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3399 of 2026
Arising Out of PS. Case No.-307 Year-2025 Thana- JANKINAGAR District- Purnia
======================================================
Gaurav Kumar S/o Mol Yadav @ Omol Yadav R/o Golma Ward No. 3, P.S.-
Saurbazaar, Dist.- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bhawana Jha
For the Opposite Party/s : Mr.Tarun Prasad Mandal
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
2 22-01-2026 Heard the learned counsel for the petitioner as well as
the learned Additional Public Prosecutor for the State.
2. The petitioner is seeking regular bail in connection
with Jankinagar P.S. Case No. 307 of 2025, registered for the
offences punishable under Sections 8(c), 21(b) of the NDPS Act.
3. Allegedly, 39 grams of smack/brown sugar along
with a mobile phone is said to have been recovered from
possession of the petitioner.
4. The learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. He has further submitted that the quantity of
contraband is less than the commercial quantity. He has also
submitted that the petitioner is a person of clean antecedent and
has been in custody since 30.09.2025.
Patna High Court CR. MISC. No.3399 of 2026(2) dt.22-01-2026
2/2
5. On the other hand, the learned APP for the State has
opposed the prayer for bail.
6. Considering the above-mentioned facts and
circumstances, let the petitioner above-named, is directed to
furnish bail bond and on doing so, the court below shall release
the petitioner on bail on furnishing bail bonds of Rs.10,000/-
with two sureties of the like amount each to the satisfaction of
learned Special Judge NDPS Act, Purnea/Concerned Court in
connection with Jankinagar P.S. Case No. 307 of 2025, subject
to the following conditions that the petitioner shall cooperate
in the disposal of trial and make himself available as and when
required by the court.
7. Before accepting the bail bond, the learned court
below shall verify the criminal antecedent of the petitioner
and if it is found that he is involved in any other case except
the present one, his bail bond shall not be accepted.
(Nawneet Kumar Pandey, J)
Nirmal/-
U T
Checking your session…