Patna High Court

Lav Kumar @ Lav Kumar Mandal @ Lav Kumar Mandal KhatweversusThe State of Bihar

Decided: 29 June 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

The bail application was dismissed because the seized quantity was deemed intermediate under the NDPS Act.

Summary

Lav Kumar was arrested in connection with the recovery of 48 grams of brown sugar, an intermediate quantity under the NDPS Act, and has been in custody since 7 April 2026. He filed an application for regular bail, invoking the provisions of the Narcotic Drugs and Psychotropic Substances Act. The prosecution argued that the quantity seized warranted denial of bail. The Patna High Court, noting the intermediate quantity, was not inclined to grant bail and dismissed the application. The court, however, indicated that the petitioner could seek bail again if the trial is unduly delayed by the prosecution.

Issues considered

Whether regular bail should be granted for an accused charged with possession of an intermediate quantity of narcotics under the NDPS Act
Whether the quantity of 48 grams of brown sugar justifies denial of bail

Legislation cited

Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(B), 21(c), 22(c), 8(c)

Subjects

NDPS Act
bail
intermediate quantity
narcotics
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41543 of 2026
                    Arising Out of PS. Case No.-158 Year-2026 Thana- JAYNAGAR District- Madhubani
                 ======================================================
                 Lav Kumar @ Lav Kumar Mandal @ Lav Kumar Mandal Khatwe S/O
                 Bindeshwar Mandal @ Bindeshwar Mandal Khatwe Resident of Village-
                 Chatri, P.S. Belha, District- Sirua, Nepal

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Shailendra Kumar Jha
                 For the Opposite Party/s :      Mr.Md. Shakir Ahmad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   29-06-2026                    Heard the parties.

                                2. The petitioner seeks regular bail in connection with

                   Jayanagar P.S. Case No. 158 of 2026 corresponding to G.R. No.

                   31 of 2026 registered for the offence under Sections 8(c), 20(B),

                   21(c), 22(c) of the NDPS Act.

                                3. As per the prosecution case, the recovery is of 48

                   grams of brown sugar.

                                4. The petitioner is in custody since 7.4.2026.

                                5. Considering the recovery of intermediate quantity,

                   this Court is not inclined to grant bail to the petitioner.

                                6. Accordingly, this application is dismissed for the

                   present.
          Patna High Court CR. MISC. No.41543 of 2026(2) dt.29-06-2026
                                                      2/2




                                 7. It is made clear that if the trial of the petitioner is

                    delayed by the prosecution then the petitioner may renew his

                    prayer for bail.



                                                             (Sandeep Kumar, J)
Vikas/-

U

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