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Patna High Court

Pappu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail may be granted when the seized narcotic quantity is below commercial quantity, the accused has a clean antecedent, and the custody period is reasonable, subject to prescribed conditions.

Summary

The petitioner, Pappu Kumar, was arrested in connection with a case under sections 8(c) and 21(b) of the NDPS Act for allegedly possessing 137 grams of brown sugar, which the court held to be less than a commercial quantity. He had been in custody since 25 October 2025 and claimed a clean antecedent. The petitioner applied for bail, arguing that the small quantity and his clean record warranted release. The court considered the quantum of the seizure, the petitioner’s clean antecedent, and the period of custody, and decided to grant bail. Bail was conditioned on a bond of Rs.10,000 with two sureties, weekly police station attendance, and verification of his antecedent by the lower court.

Issues considered

  • Whether bail should be granted to an accused under sections 8(c) and 21(b) of the NDPS Act when the seized quantity is less than commercial quantity.
  • Whether the petitioner’s clean antecedent and period of custody justify bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • brown sugar
  • commercial quantity
  • clean antecedent
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89982 of 2025

                     Arising Out of PS. Case No.-546 Year-2025 Thana- FORBESGANJ District- Araria
                 ======================================================
                 Pappu Kumar Son of Dev Narayan Bahardar Resident of village - Uttar
                 Rampur, Ward No.- 08, P.S.- Forbesganj, Dist.- Araria

                                                                                    ... ... Petitioner
                                                         Versus
                 The State of Bihar                      ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner        :         Mr. Ramesh Kumar Singh, Advocate
                 For the State             :         Mr. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   31-03-2026                        Heard learned counsel for the petitioner and

                   learned APP for the State.

                                      2.       The petitioner seeks bail in connection with

                   Forbesganj P.S. Case No.546 of 2025 registered for the offence

                   under sections 8(c) and 21(b) of the N.D.P.S. Act.

                                      3.       About 137 grams brown sugar was recovered

                   from the house of the petitioner. The petitioner and other co-

                   accused are said to have involved in the sale and smuggling of

                   brown sugar.

                                      4.       The    petitioner    is    in    custody       since

                   25.10.2025. He claims clean antecedent.

                                      5.       It has been submitted by learned counsel for

                   the petitioner that the alleged recovery of brown sugar is less

                   than the commercial quantity.

                                      6.       Learned APP for the State has opposed the
Patna High Court CR. MISC. No.89982 of 2025(4) dt.31-03-2026
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          prayer of the petitioner for grant of bail.

                          7.      Considering the quantum of recovery of

          brown sugar, the petitioner having clean antecedent and his

          period of custody, this bail application is allowed.

                          8.      Let the petitioner, above named, be released

          on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand)

          with two sureties of the like amount each to the satisfaction of

          learned Sessions Judge-cum- Special Judge, NDPS Act, Araria/

          concerned Court below, in connection with Forbesganj P.S. Case

          No.546 of 2025.

                          9.      This is also subject to the condition that the

          petitioner, after being released on bail, is directed to mark his

          attendance at Forbesganj Police Station, District- Araria on

          every Sunday of the month. Any default in appearance at the

          police station will result in cancellation of bail bonds of the

          petitioner.

                          10.     As the petitioner claims to have clean

          antecedent, the Court below, before accepting the bail bonds of

          the petitioner, shall verify the antecedent of the petitioner. The

          bail bonds of the petitioner shall only be accepted by the court

          below if it is found that he has clean antecedent.

                        11.       It is clarified that this Court has not
              Patna High Court CR. MISC. No.89982 of 2025(4) dt.31-03-2026
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                        expressed any opinion on the merits of the case and the

                        observations made by this Court is only for the purpose of

                        deciding this bail application.



                                                                (Sandeep Kumar, J)

pawan/-

U         T


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