Patna High Court
Pravin KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to both petitioners, holding that the quantity seized, though above the small‑quantity threshold, did not justify denial of bail.
Summary
The petitioners, Pravin Kumar and Raushan Kumar, were arrested in connection with a case registered under sections 8(c) and 21(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for possession of approximately 50 grams each of a "smack‑like" substance recovered from a hotel room. They filed a regular bail petition, claiming they were innocent, had no criminal antecedent, and had been in judicial custody since 12 November 2025. The prosecution argued that the quantity seized exceeded the statutory "small quantity" but was well below the "commercial quantity" defined under the NDPS Act. The defense contended that the amount did not warrant denial of bail and that the petitioners were entitled to liberty pending trial. After hearing both sides, the Patna High Court held that the circumstances justified the grant of regular bail. The court ordered the release of each petitioner on a bail bond of Rs 10,000 with two sureties, subject to the satisfaction of the Principal Sessions Judge, Begusarai.
Issues considered
- Whether the petitioners are entitled to regular bail despite possession of quantity exceeding the small‑quantity threshold under the NDPS Act
- Whether sections 8(c) and 21(b) of the NDPS Act preclude the grant of bail
- Whether the seized amount constitutes a commercial quantity that would justify denial of bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 8(c)
Subjects
- NDPS Act
- bail
- possession
- small quantity
- commercial quantity
- criminal antecedent
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8455 of 2026
Arising Out of PS. Case No.-178 Year-2025 Thana- PHULWARIA District- Begusarai
======================================================
1. Pravin Kumar S/o Rohin Roy R/o Vilage- Nayaganj Ward No.- 04, P.S.-
Desari, District- Vaishali
2. Raushan Kumar S/o Dularchand Mahto R/o village- Godhiar, Saira Tola,
Ward No.-10, P.S.-Tikapatti, District-Purnia
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for regular bail in a case
registered for the offence punishable under sections 8(c) and 21(b)
of NDPS Act.
3. The case of the prosecution is that from a room of a
hotel where the petitioner were staying, from the possession of
petitioner, Raushan, altogether, 52.64 grams of smack like
substance was recovered whereas from the possession of
petitioner, Pravin, altogether 49.90 grams of smack like substance
was recovered.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence. They
have falsely been implicated in this case. He has further submitted
Patna High Court CR. MISC. No.8455 of 2026(2) dt.17-02-2026
2/2
that though the contraband which has been recovered from the
possession of the petitioners is more than small quantity but is
much less than commercial quantity as per NDPS Act. A
statement has been made in para-3 of this petition that the
petitioners have got no criminal antecedent. Moreover, they are
languishing in judicial custody since 12.11.2025.
5. Learned APP appearing for the state has opposed the
prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be released on bail in connection with
Phulwaria P.S. Case No. 178 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Principal Sessions
Judge, Begusarai.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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