Patna High Court
Pawan Kumar Singh @ Anil Singh @ BabaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court held that the petitioner is entitled to regular bail on furnishing the prescribed bond and sureties, subject to conditions, as the seized quantity is small and he was not present during the search.
Summary
The petitioner, Pawan Kumar Singh, applied for regular bail in a case registered under Sections 8(c) and 21(b) of the NDPS Act for alleged possession of 20.90 grams of heroin. He claimed innocence, stating that he was already in custody for a different case when his shop was searched, and that the seized quantity was far below commercial levels. The State opposed the bail, but the court considered the small quantity, the petitioner’s custody at the time of the search, and the principle of bail under the NDPS Act. The court ordered the petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount and imposed conditions of cooperation and verification of criminal antecedents. Upon compliance, the petitioner was to be released on bail.
Issues considered
- Whether a person accused under Sections 8(c) and 21(b) of the NDPS Act is entitled to regular bail when the alleged quantity is small.
- Whether the petitioner’s prior custody for a separate case affects his eligibility for bail in the present NDPS case.
- Whether the quantity of heroin seized constitutes a 'commercial quantity' warranting denial of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 — s. 21(b), 8(c)
Subjects
- NDPS Act
- regular bail
- small quantity
- heroin possession
- Criminal Procedure Code
- bail conditions
- commercial quantity
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88136 of 2025
Arising Out of PS. Case No.-1203 Year-2025 Thana- NAGAR District- Vaishali
======================================================
Pawan Kumar Singh @ Anil Singh @ Baba S/o Vishundeo Prasad @
Vishundeo Prasad Singh R/o Village - Bhagmusha, P.S - Hajipur Town,
District – Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite
Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shabina Talat
For the Opposite Party/s : Mr.Anish Chandra
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
3 02-02-2026 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 Hajipur Town P.S. Case No. 1203 of 2025, registered for
the offences punishable under Sections 8(c), 21(b) of the NDPS
Act, 1985.
3. The allegation against the petitioner is that during a
police search of his shop, namely Laxmi General Store at
Anjanpir Chowk, 50 small containers of suspected
heroin/smack, weighing about 20.90 grams, were allegedly
recovered and seized by the police.
4. The learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. As a matter of fact, on the same day, in another
occurrence of Marpet, the petitioner was in custody in Hajipur
Nagar P.S. Case No. 1202 of 2025, in whose absence his shop
was searched. He has further submitted that the quantity of
Patna High Court CR. MISC. No.88136 of 2025(3) dt.02-02-2026
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smack is much less than the commercial quantity. The petitioner
has been in custody since 17.10.2025.
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 Principal District and Sessions Judge, Vaishali at
Hajipur in connection with Hajipur Town P.S. Case No. 1203 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.
7. Before accepting the bail bond, the criminal
antecedent of the petitioner shall be verified and if, it is
found that he is involved in any other case except the case(s),
mentioned in paragraph no. 3 of the bail petition, his bail
bond shall be cancelled.
(Nawneet Kumar Pandey, J)
Nirmal/-
U T
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