Patna High Court
Pappu Kumar Patel @ Pappu PatelversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Narcotic Drugs and Psychotropic Substances Act — s. 21(b), 37, 42, 50, 8(c)
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
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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
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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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