Patna High Court
Santosh @ Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Arms Act — s. 25(1-b)a, 26, 35
- N.D.P.S. Act — s. 21(b), 37, 8(c)
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
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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
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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
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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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