Patna High Court
Gaurav Kumar @ DevaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioners, holding that the quantity seized was below commercial quantity and the statutory conditions for denial of bail under the NDPS Act were not satisfied.
Summary
The petitioners, Gaurav Kumar and Golu Kumar, were arrested in connection with NDPS Case No. 79 of 2025 for alleged offences under Sections 8(c) and 21(b) of the NDPS Act, based on the recovery of 10.08 grams of a ‘smack‑like’ substance. They contended that they were falsely implicated, had no prior criminal record, and that no incriminating material was found in their conscious possession. The prosecution argued the possession of the narcotic, while the State opposed bail. The court noted that the seized quantity was below the commercial quantity threshold, rendering Section 37 inapplicable, and observed non‑compliance with Sections 42 and 50 of the NDPS Act. Considering these factors and the petitioners’ custody period, the court granted bail subject to monetary bonds and surety conditions, and mandated regular appearance in court. The bail order included conditions regarding family sureties and cancellation provisions for non‑appearance.
Issues considered
- Whether bail should be granted to accused under the NDPS Act for possession of 10.08 grams of a narcotic substance.
- Whether the quantity seized falls within the definition of ‘commercial quantity’ under Section 37 of the NDPS Act.
- Whether non‑compliance with Sections 42 and 50 of the NDPS Act precludes the grant of bail.
- Whether the petitioners’ lack of prior criminal record and claim of false implication affect the bail decision.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 37, 42, 50, 8(c)
Subjects
- NDPS Act
- bail
- drug possession
- commercial quantity
- Section 37
- Section 42
- Section 50
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10921 of 2026
Arising Out of PS. Case No.-327 Year-2025 Thana- BEGUSARAI MUFFASIL District-
Begusarai
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1. Gaurav Kumar @ Deva Son of Sri Dilip Paswan Resident of Village -
Mohan Aighu, P.S. - Muffasil, Dist. - Begusarai.
2. Golu Kumar Son of Sri Dilip Paswan Resident of Village - Mohan Aighu,
P.S. - Muffasil, Dist. - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate
Mr. Hemant Ray, Advocate
For the Opposite Party/s : Mr. Surendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 10-03-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with NDPS
Case No. 79 of 2025 arising out of Muffasil P.S. Case No. 327
of 2025 instituted for the offences under Sections 8(c), 21(b) of
the N.D.P.S. Act.
3. Prosecution case, in short, is that total 10.08 grams
of smack like substance has been recovered in this case.
4. Learned counsel for the petitioners submitted that
the petitioners have falsely been implicated in the present case.
Petitioners are in custody since 23.10.2025 and have no criminal
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antecedent. There is no allegation of tampering of witnesses
alleged against the petitioners. No incriminating material has
been recovered from the conscious possession of the petitioners.
The recovered contraband is below commercial quantity, and
hence, Section 37 of the N.D.P.S. Act is not applicable in the
present case. There is no compliance of Section 42 and 50 of the
N.D.P.S. Act.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances
of the case as also the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs.10,000/- (Ten thousand) each with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with NDPS Case No. 79
of 2025 arising out of Muffasil P.S. Case No. 327 of 2025,
subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioners.
(II) The petitioners shall appear on each and every
date fixed at the trial. In case of default in such appearance on
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two consecutive dates, the Trial Court will have liberty to cancel
the bail bonds of the petitioners.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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