Patna High Court
Mundan Kumar @ Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner, subject to a bond and sureties.
Summary
Mundan Kumar was arrested in connection with a case registered under Sections 21, 22(a) and 22(b) of the NDPS Act for allegedly possessing medicines and 1389 mg of buprenorphine, a quantity slightly above the statutory 'small quantity'. He had no prior NDPS case and had been in custody since 31 May 2025. He filed a petition for regular bail. The State opposed the bail on the ground of the quantity involved. The Court considered the facts, the lack of prior record, and the principle of bail under the NDPS Act, and ordered that bail be granted on a bond of Rs.10,000 with two sureties, subject to the petitioner’s cooperation with the trial. The petitioner was directed to appear as required by the court.
Issues considered
- Whether the petitioner is entitled to regular bail under the NDPS Act despite the quantity of buprenorphine exceeding the small‑quantity threshold
- Whether the petitioner’s lack of prior NDPS record and the circumstances of the case justify granting bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 — s. 21, 22(a), 22(b)
Subjects
- bail
- NDPS Act
- small quantity
- regular bail
- drug possession
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64586 of 2025
Arising Out of PS. Case No.-430 Year-2025 Thana- AGAMKUAN District- Patna
======================================================
Mundan Kumar @ Chandan Kumar S/o Dashrath Paswan @ Dashrath Prasad
R/o- Sector-3, Block- 24 Housing Colony, Bhoothnath, P.S.- Agamkuan,
District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Adv.
Mrs. Vaishnavi Singh, Adv.
For the Opposite Party/s : Mr.Zainul Abedin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
3 19-01-2026 Heard the learned counsel for the petitioner as well as
the learned Additional Public Prosecutor for the State.
2. The petitioner is seeking regular bail in connection
with Agamkuan P.S. Case No. 430 of 2025, registered for the
offences punishable under Sections 21, 22(a) and 22(b) of the
NDPS Act.
3. The allegation against the petitioner is confined to
the alleged recovery of certain medicines, namely Rexogesic
and Avil, from a carton which he was purportedly carrying on a
scooter. It is further alleged that, on the basis of his disclosure,
1389 mg of Buprenorphine Hydrochloride was recovered from
the garage of one Mahendra Prasad.
4. The learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.64586 of 2025(3) dt.19-01-2026
2/2
that the total quantity of Buprenorphine Hydrochloride
recovered from petitioner is 1389 mg, which is slightly above
the small quantity. No case under the NDPS Act has been
registered earlier against the petitioner. The petitioner has been
in custody since 31.05.2025.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail.
6. Considering the above-mentioned facts and
circumstances, let the petitioner above-named, is directed to
furnish bail bond and on doing so, the court below shall release
the petitioner on bail on furnishing bail bonds of Rs.10,000/-
with two sureties of the like amount each to the satisfaction of
learned Sessions Judge/Special Judge (NDPS)/Concerned Court,
Patna in connection with Agamkuan P.S. Case No. 430 of 2025,
subject to the following conditions that the petitioner shall
cooperate in the disposal of trial and make himself available
as and when required by the court.
(Nawneet Kumar Pandey, J)
Nirmal/-
U T
Checking your session…