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Patna High Court

Pravin KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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