Patna High Court
Ajay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court granted regular bail to the petitioner, finding that the alleged quantity was small and procedural safeguards were not observed.
Summary
The petitioner, Ajay Kumar, was arrested on 18 October 2025 in connection with a case registered under Sections 8(c) and 21(b) of the NDPS Act for allegedly possessing ten small packets of a smokeless powder weighing about 6 g. He argued that the actual weight of the contraband, after accounting for the weight of the packets, was likely less than 5 g, qualifying as a ‘small quantity’ and that the police had not complied with the procedural safeguards of Section 50 of the NDPS Act. The State opposed the bail application. The Court examined the quantity of the seized substance, the petitioner’s lack of prior criminal record, the length of his pre‑trial detention and the status of the investigation. Concluding that the circumstances warranted release, the Court ordered regular bail on a bond of Rs 20,000 with two sureties. The bail order effectively disposes of the petition.
Issues considered
- Whether the petitioner is entitled to regular bail despite the alleged possession of a narcotic substance under the NDPS Act
- Whether the quantity seized qualifies as ‘small quantity’ under the NDPS Act
- Whether the police complied with the procedural requirements of Section 50 of the NDPS Act
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 50, 8(c)
Subjects
- bail
- NDPS Act
- small quantity
- Section 50
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87073 of 2025
Arising Out of PS. Case No.-199 Year-2025 Thana- NEORA District- Patna
======================================================
Ajay Kumar, S/o Late Anand Rai, resident of Village- Bela, P.S. Neura,
District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mithilesh Kumar Arya, Adv.
For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 12-01-2026 1. Heard Mr. Mithilesh Kumar Arya, learned
counsel for the petitioner and Mr. Sanjay Kumar Singh, learned
APP for the State.
2. The petitioner seeks regular bail in connection with
Neora P. S. Case No. 199 of 2025, dated 17.10.2025 registered
for the offences punishable under Sections 8 (c) and 21(b) of the
NDPS Act.
3. The main submissions advanced by the petitioner's
counsel are that the petitioner bears no criminal antecedent and
has been languishing in jail since 18.10.2025 and as per the
allegation 10 small packets containing smack like powder
weighing 6 Grs. and 34 mgs. are alleged to have been recovered
from the possession of this petitioner and it is contended that
while weighing, the weight of the said packets themselves was
Patna High Court CR. MISC. No.87073 of 2025(2) dt.12-01-2026
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also included by the concerned police personnel so the actual
weight of the seized contraband may be about 5 gmsor less
which falls within the purview of small quantity and further the
provisions of Section 50 of the NDPS Act were not followed by
the police.
4. Learned APP appearing for the State has opposed
the bail prayer of the petitioner.
5. Considering the aforesaid submissions, averments
made in this application, mainly taking into account the quantity
of the alleged contraband, coupled with the petitioner's custody
period and completion of investigation against him, this court is
inclined to release him on bail. Accordingly, let the petitioner
named-above be enlarged on bail in connection with Neora P. S.
Case No. 199 of 2025 on furnishing bail bond of Rs. 20,000/-
(Rupees Twenty Thousand) with two sureties of the like amount
each to the satisfaction of the Court concerned.
(Shailendra Singh, J)
Rajiv/-
U T
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