Patna High Court
Pappu KumarversusUnion of India through NCB, Patna
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The Court held that bail should be granted given the intermediate quantity, clean antecedent, and length of custody.
Summary
The petitioner, Pappu Kumar, was arrested in connection with NCB P.S. Case No. 10 of 2025 for alleged offences under Sections 8(c), 18(c) and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, based on the recovery of 1 kg of opium from his possession. He contended that the seized quantity was intermediate – the statutory small quantity is 25 g and the commercial quantity is 2.5 kg – and that he had no prior criminal record, having been in custody since 25 September 2025. The State opposed the bail application, arguing the seriousness of the offence. The Court considered the clean antecedent, the intermediate quantity, and the period of custody, and decided to grant bail. Bail was conditioned on a bond of Rs 10,000 with two sureties of the same amount, to be approved by the Exclusive Special Court (NDPS Act) No. II, Patna. The Court clarified that its observations were prima facie and limited to the bail application, without prejudice to the trial’s merits.
Issues considered
- Whether bail should be granted in an NDPS case involving an intermediate quantity of opium and a petitioner with no prior criminal antecedent
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 18(c), 29, 8(c)
Subjects
- bail
- NDPS Act
- opium
- intermediate quantity
- criminal antecedent
- Narcotic Drugs and Psychotropic Substances
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8091 of 2026
Arising Out of PS. Case No.-10 Year-2025 Thana- N.C.B (GOVERNMENT OFFICIAL)
District- Patna
======================================================
Pappu Kumar son of Chandrika Yadav Resident of Village- Bumer, Ward No
11, PS -Barachatti, District -Gaya
... ... Petitioner/s
Versus
Union of India through NCB, Patna Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jitendra Kumar, Adv.
For the Union of India : Ms. Shail Kumari, CGC
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
4 06-05-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the Union of India Ms.
Shail Kumari.
2. The petitioner seeks bail in connection with NCB
P.S. Case No. 10 of 2025 instituted for the offences under
Sections 8(c), 18(c) and 29 of the NDPS Act.
3. The allegation is that 01kg opium was recovered
from the possession of the petitioner.
4. Learned counsel for the petitioner states that small
quantity of opium is 25gm and the commercial quantity is
2.5kg. The seizure is of intermediate quantity and the petitioner
is in custody since 25.09.2025 and has got no criminal
antecedent.
5. Learned A.P.P. for the State has vehemently
Patna High Court CR. MISC. No.8091 of 2026(4) dt.06-05-2026
2/2
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, clean antecedent of the petitioner and the period of
custody undergone by the petitioner, 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 learned Exclusive
Special Court (NDPS Act) No.II, Patna/concerned Court in
connection with NCB P.S. Case No. 10 of 2025.
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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