Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that bail may be granted in NDPS cases even when the quantity exceeds the small‑quantity limit, provided the accused has a clean antecedent and the circumstances warrant it, subject to conditions under Section 480(3) of the BNSS.
Summary
Rahul Kumar was arrested on 25 June 2025 for possession of 6.35 grams of smack, an amount slightly above the statutory ‘small quantity’ under the NDPS Act, and was charged under Sections 8(C) and 21(b) of the NDPS Act. He applied for bail, asserting a clean antecedent and arguing that the quantity involved did not warrant continued detention. The State opposed the bail on the ground that the quantity exceeded the small‑quantity threshold. The High Court examined the charge sheet, the modest quantity recovered, the petitioner’s clean record and the period of custody, and applied the provisions of Section 480(3) of the BNSS. Considering these factors, the Court directed that bail be granted on a bond of Rs 10,000 with two sureties, subject to conditions including presence in court and cancellation on repeated non‑appearance. The order thus released the petitioner on bail pending trial.
Issues considered
- Whether bail can be granted in an NDPS case where the accused is found with a quantity exceeding the ‘small quantity’ threshold.
- Whether the provisions of Section 480(3) of the BNSS permit bail in the present circumstances.
- Whether the petitioner’s clean antecedent and period of custody justify the grant of bail.
Legislation cited
- Bihar Narcotic Substances (Control) Act — s. 480(3)
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 8(C)
Subjects
- bail
- NDPS Act
- possession of narcotics
- small quantity
- Section 480(3) BNSS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90605 of 2025
Arising Out of PS. Case No.-337 Year-2025 Thana- PAROO District- Muzaffarpur
======================================================
Rahul Kumar S/o Laxmi Shankar Ray @ Laxmi Shankar Yadav R/o Village-
Chochahi, P.S- Paroo, Dist- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vakil Kumar, Adv.
For the Opposite Party/s : Mr.Nagendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with NDPS Case No. 123/2025 arising from Paru
P.S. Case No. 337 of 2025, registered for the offences under
Sections 8(C) and 21(b) of the NDPS Act.
3. As per the prosecution case, recovery of 6.35 gram
of smack was made from the petitioner when he was
apprehended on suspicion.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner is having clean antecedent
and he is in custody since 25.06.2025 with allegation of
possessing 6.35 gram smack which is just above the small
quantity.
Patna High Court CR. MISC. No.90605 of 2025(3) dt.24-02-2026
2/3
5. Learned APP appearing for the State opposes the
submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
quantity of the contraband recovered, submission of charge
sheet and period of custody, the petitioner is directed to be
released on bail, on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand Only) each with two sureties of the like
amount each to the satisfaction of learned Special Judge,
Exclusive Special Court-1, NDPS, Muzaffarpur/concerned
court, in connection with NDPS Case No. 123/2025 arising
from Paru P.S. Case No. 337 of 2025, subject to the condition
laid down under Section 480(3) of the BNSS and other
following conditions:
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present on
each and every date fixed by the court
below, if so required by the learned trial
court.
(iii) In case of absence on three
consecutive dates or in violation of the
Patna High Court CR. MISC. No.90605 of 2025(3) dt.24-02-2026
3/3
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
Anuradha/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.