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Patna High Court

Gaurav KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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