Patna High Court
Pappu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 8(c)
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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