Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Deepak Kumar, was arrested in connection with an NDNDPS case where 5.57 grams of a narcotic substance and Rs.19,600 were seized. He applied for regular bail, claiming innocence and no prior criminal record, having been in custody since 17 February 2026. The prosecution opposed the bail, but the court noted that the seized quantity falls in the intermediate range and does not trigger the mandatory detention bar under Section 37 of the NDPS Act. Considering the lack of antecedents, the court allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties of equal amount. The order is limited to bail and does not prejudice the merits of the trial.
Issues considered
- Whether regular bail can be granted in an NDPS case where the quantity of narcotic is intermediate and the accused has no criminal antecedent.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 29, 37, 8(c)
Subjects
- bail
- NDPS Act
- intermediate quantity
- Section 37
- regular bail
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34875 of 2026
Arising Out of PS. Case No.-19 Year-2026 Thana- NAKARDEI District- East Champaran
======================================================
Deepak Kumar S/o Prakash Sah R/o Village - Sirisiya Mal, P.S. - Nakardei,
Dist. - East Champaran, Bihar, 845305.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mohd Rustam Hussain, Advocate
For the Opposite Party/s : Mr. Uday Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 20-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
N.D.P.S. G.R Case No. 38 of 2026, arising out of Nakardei P.S.
Case No. 19 of 2026, registered under Section 8(c), 21(b) and
29 of the Narcotic Drugs and Psychotropic Substance Act, 1985
(NDPS Act).
3. As per prosecution case, 5.57 grams smack like
substance and Nepali Rupee 19600/- were recovered from the
possession of the petitioner and other co-accused person.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. The petitioner has no criminal antecedent and he is
in custody since 17.02.2026.
5. Learned APP for the State has vehemently opposes
Patna High Court CR. MISC. No.34875 of 2026(2) dt.20-05-2026
2/2
the prayer for bail of the petitioner.
6. Considering the quantity is in intermediate which
does not attract the bar under Section 37 as well as the fact that
the petitioner bears no criminal antecedent, this bail application
is allowed.
7. Accordingly, let the petitioner above named, be
released on bail on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand Only) with two sureties of the like
amount each to the satisfaction of learned Sessions Judge,
Special Judge, East Champaran at Motihari/concerned court
below in connection with N.D.P.S. G.R Case No. 38 of 2026,
arising out of Nakardei P.S. Case No. 19 of 2026
8. 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)
Ranjeet/-
U T
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