Patna High Court
Rajesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
Bail is granted as the quantity involved is near the small‑quantity threshold and the petitioner’s prior conviction is unrelated, coupled with his prolonged pre‑trial detention.
Summary
The petitioner, Rajesh Kumar, was arrested in connection with a case under Sections 8(c) and 21(b) of the NDPS Act for alleged possession and sale of 6.27 grams of brown sugar, of which 1.88 grams were recovered from his person. He claimed innocence and argued that he had been falsely implicated, while the State opposed his bail. The court noted that the seized quantity was close to the statutory ‘small‑quantity’ threshold and that the petitioner’s only prior conviction was under Section 138 of the Negotiable Instruments Act, which is unrelated to drug offences. Considering the relatively small amount, the nature of the prior offence, and the fact that he had been in custody since 22‑04‑2026, the court inclined to grant bail. Accordingly, bail was ordered on a bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the Principal District and Sessions Judge. The court clarified that its observations were prima facie and would not affect the merits of the trial.
Issues considered
- Whether bail should be granted to the accused in an NDPS case involving a small quantity of narcotic substance.
- Whether the petitioner’s prior conviction under the Negotiable Instruments Act is relevant to the bail decision.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 8(c)
- Negotiable Instruments Act — s. 138
Subjects
- bail
- NDPS Act
- small quantity
- criminal antecedent
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45536 of 2026
Arising Out of PS. Case No.-91 Year-2026 Thana- Madhusudanpur District- Bhagalpur
======================================================
Rajesh Kumar S/O Gholti Yadav R/O Village- Naya Tola Mirzapur, P.S.-
Madhusudanpur, Distt.- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar Nirala, Advocate
For the Opposite Party/s : Mr.Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Madhusudanpur P.S. Case No. 91 of 2026 instituted for the
offences under Sections 8(c) and 21(b) of the NDPS Act.
3. The allegation is that 6.27 grams of brown sugar in
28 packets were recovered. It was informed that the sale and
purchase of the contraband was going on in the house of the
petitioner (Rajesh Kumar). On personal search of the petitioner,
1.88 grams of brown sugar in six packets were recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. The petitioner is in custody since 22.04.2026 and
has one criminal antecedent.
Patna High Court CR. MISC. No.45536 of 2026(2) dt.08-07-2026
2/2
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering that the quantity recovered is close to
the small quantity threshold, that the petitioner has a criminal
antecedent under Section 138 of the Negotiable Instruments Act
and not a similar offence, and that he has been in custody since
22.04.2026, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Principal
District and Sessions Judge, Bhagalpur/concerned Court in
connection with Madhusudanpur P.S. Case No. 91 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)
abhishekkr/-
U T
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