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Patna High Court

Pappu Kumar Patel @ Pappu PatelversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, subject to a bond and specified conditions.

Summary

Pappu Kumar Patel was arrested on 19 November 2025 in connection with an FIR under Sections 8(c) and 21(b) of the NDPS Act for possession of 6.60 grams of smack. He filed a bail petition, contending that the seized quantity was below the commercial threshold and that mandatory provisions of Sections 42 and 50 of the NDPS Act were not complied with, thus no embargo under Section 37 should apply. The prosecution opposed bail, citing five prior criminal antecedents, though noting the petitioner was already on bail in other cases. The court examined the facts, the low quantity of contraband, and the statutory provisions, and concluded that bail could be granted. Accordingly, the petitioner was released on bail upon furnishing a Rs.10,000 bond with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents.

Issues considered

  • Whether bail can be granted under the NDPS Act when the seized narcotic quantity is less than the commercial quantity and mandatory provisions of Sections 42 and 50 are not complied with.
  • Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
  • Whether Section 37 of the NDPS Act imposes an embargo on bail in the present circumstances.

Legislation cited

Subjects

  • NDPS Act
  • bail
  • narcotics
  • commercial quantity
  • criminal antecedent
  • Section 37
  • Section 42
  • Section 50

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3892 of 2026
                        Arising Out of PS. Case No.-147 Year-2025 Thana- JOGBANI District- Araria
                 ======================================================
                 Pappu Kumar Patel @ Pappu Patel Son of Bhutai Prasad Patel R/o Village -
                 Indra Nagar, Tikuliya Basti, Ward no. 04, P.S. - Jogbani, Dist. - Araria.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Kundan Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Surendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   28-01-2026                    Heard Mr. Kundan Kumar Singh, learned counsel for

                   the petitioner and Mr. Surendra Kumar, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   19.11.2025 in connection with Jogbani P.S. Case No. 147 of

                   2025, F.I.R. dated 19.11.2025 for the offences punishable under

                   Sections 8(c) and 21(b) of the N.D.P.S. Act.

                               3. Recovery is of 06.60 grams of smack.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the

                   present case. He further submits that it appears from the F.I.R.

                   as well as seizure list that altogether 06.60 grams of Smack has

                   been recovered from the possession of the petitioner. He further

                   submits that there is non-compliance of the mandatory provision
Patna High Court CR. MISC. No.3892 of 2026(2) dt.28-01-2026
                                            2/3




          of Sections 42 and 50 of the N.D.P.S. Act and it appears that the

          recovered contraband is less than the commercial quantity.

          Hence, there is no embargo under Section 37 of the N.D.P.S. Act

          for grant of bail to the petitioner. The petitioner is in custody

          since 19.11.2025.

                      5.    Learned       Additional          Public   Prosecutor   has

          vehemently opposed the prayer for bail of the petitioner on the

          ground that the petitioner carries five criminal antecedents other

          than the present one but fairly submits that he is on bail in all

          the pending matters.

                       6. Considering the aforesaid facts and circumstances

          and the fact that the recovered contraband is less than the

          commercial quantity, let the petitioner, above named, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Sessions Judge cum Special Judge,

          NDPS, Araria in connection with Jogbani P.S. Case No. 147 of

          2025, subject to the following conditions:-

                        i. Petitioner shall co-operate in the trial and shall be

           properly represented on each and every date fixed by the court

           and shall remain physically present as directed by the court

           and on his absence on two consecutive dates without sufficient
            Patna High Court CR. MISC. No.3892 of 2026(2) dt.28-01-2026
                                                        3/3




                       reason, his bail bond shall be cancelled by the Court below.

                                    ii. If the petitioner tampers with the evidence or the

                       witnesses, in that case, the prosecution will be at liberty to

                       move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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