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Patna High Court

Santosh @ Santosh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner with conditions, as no embargo under Section 37 of the NDPS Act applied and the contraband was of small quantity.

Summary

Santosh Kumar was arrested on 31 January 2024 in connection with an NDNDPS case involving alleged possession of arms and narcotics. The prosecution alleged that he was part of a group attempting to flee on motorcycles, with contraband recovered in small quantity. The petitioner contended that the FIR was fabricated, he was not present at the scene, and that no embargo under Section 37 of the NDPS Act applied. The State opposed bail, noting the petitioner’s other pending cases, though he was already on bail in those matters. The court, considering the lack of embargo, the small quantity of contraband, and the petitioner’s cooperation, granted bail on a bond of Rs.10,000 with two sureties and imposed specific conditions for his appearance and conduct.

Issues considered

  • Whether the petitioner is entitled to bail under the NDPS Act despite the alleged offences under the Arms Act and NDPS provisions.
  • Whether Section 37 of the NDPS Act imposes an embargo that precludes bail in this case.
  • Whether the petitioner’s prior criminal antecedents and other pending cases affect the grant of bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • Arms Act
  • Section 37 embargo
  • small quantity contraband
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10822 of 2026
                    Arising Out of PS. Case No.-134 Year-2022 Thana- MANIYARI District- Muzaffarpur
                 ======================================================
                 Santosh @ Santosh Kumar Son of Rakesh Singh Resident of Village-
                 Rajapakar Banghara, P.S.- Rajapakar, District- Vaishali

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Hemant Kumar, Advocate
                 For the Opposite Party/s :       Ms.Renuka Ratnakar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   18-03-2026                    Heard Mr.Hemant Kumar,               learned counsel for the

                   petitioner and Ms.Renuka Ratnakar, learned Additional Public

                   Prosecutor for the State.

                                2. The petitioner seeks bail, who is in custody since

                   31.01.2024 in connection with N.D.P.S. Case No. 110 of 2022

                   arising out of Maniyari P.S.Case No.134 of 2022, F.I.R. dated

                   05.05.2022 registered for the offence punishable under Sections

                   25(1-b)a/26/35 of Arms Act and Sections 8(c)/21(b)of

                   N.D.P.S.Act.

                                3. As per prosecution case, the informant along with

                   police party reached near Anwara Bridge and was that four

                   person on two motorcycles were standing on motorcycle having

                   Reg. No. BR31AG-5705 and another has no registration

                   number. The informant remembered that the motorcycle is
Patna High Court CR. MISC. No.10822 of 2026(3) dt.18-03-2026
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          involved in P.S. Case No. 129 of 2022 and tried to stop them

          and they tried to flee away in that course two persons were

          apprehended.

                       4. Learned counsel appearing for the petitioner

          submits that the allegation as alleged in the FIR is false and

          fabricated and the petitioner has not committed any offence as

          alleged in the FIR and petitioner was not apprehended at the

          place of occurrence which suggests that nothing has been

          recovered from possession of the petitioner and petitioner has

          been remanded in the presence case from Rajapakar (Barati

          O.P.) P.S.Case No. 182/2023 on 31.01.2024 and co-accused

          persons, namely, Rajesh Kumar and Raju Kumar @ Rajoo

          Singh @ Rajo Singh @ Raju Singh have been granted bail by

          different Coordinate Benches of this Hon’ble Court vide orders

          dated 07.07.2023 and 27.02.2024 passed in Cr. Misc. Nos.53955

          of 2022 and 64309 of 2023 respectively, apart from the

          aforesaid, the recovered contraband is less than the small

          quantity. Hence, there is no embargo under Section 37 of the

          N.D.P.S.Act for grant of bail to the petitioner and the police,

          after investigation, submitted chargesheet against the petitioner

          and the petitioner is in custody since 31.01.2024.

                       5. Learned A.P.P. for the State, on the other hand, has
Patna High Court CR. MISC. No.10822 of 2026(3) dt.18-03-2026
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          vehemently opposed the prayer for bail of the petitioner and

          submits that the petitioner carries seven more cases other than

          the present one but fairly submits that the petitioner is on bail in

          all the cases, as mentioned in para-3 of the bail petition.

                       6. Considering the aforesaid facts, let the petitioner,

          above named, be released on bail on furnishing bail bond of

          Rs.10,000/- (Ten Thousand) with two sureties of the like amount

          each to the satisfaction of learned Exclusive Special Court-II

          NDPS, Muzaffarpur in connection with N.D.P.S. Case No. 110

          of 2022 arising out of Maniyari P.S.Case No.134 of 2022,with

          the following conditions:-

                       (I) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court

          and shall remain physically present as directed by the Court and

          on his/her absence on two consecutive dates without sufficient

          reason, his/her bail bond shall be cancelled by the Court below.

                       (II) If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to move

          for cancellation of bail.

                       (III) And, further condition that the court below shall

          verify the criminal antecedent of the petitioner and in case at

          any stage, it is found that the petitioner has concealed his
               Patna High Court CR. MISC. No.10822 of 2026(3) dt.18-03-2026
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                         criminal antecedent, the court below shall take step for

                         cancellation of bail bond of the petitioner. However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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