Patna High Court
Ajeet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner subject to a bond and conditions, as the contraband was below commercial quantity and procedural safeguards were not met.
Summary
Ajeet Kumar was arrested in connection with a Narcotic Drugs and Psychotropic Substances (NDPS) case after police recovered 22 grams of brown sugar, which is below the commercial quantity. The petitioner contended that he was falsely implicated, that no contraband was found in his conscious possession, and that his arrest was based merely on suspicion. The State opposed bail, citing the seriousness of the offences under Sections 8(c) and 21(b) of the NDPS Act. The High Court observed that the quantity involved was below commercial limits, the petitioner had been in custody since 26‑12‑2025, had no prior criminal record, and that procedural requirements under Sections 42 and 50 of the NDPS Act were not complied with. Consequently, the Court granted bail, directing the petitioner to furnish a bond of Rs.15,000 with two sureties and to comply with specific conditions regarding appearance in court.
Issues considered
- Whether bail can be granted when the seized narcotic quantity is below the commercial threshold under the NDPS Act
- Whether the procedural requirements of Sections 42 and 50 of the NDPS Act have been satisfied
- Whether Section 37 of the NDPS Act precludes bail in this circumstance
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 37, 42, 50, 8(c)
Subjects
- NDPS Act
- bail
- narcotics
- commercial quantity
- Section 37
- Section 42
- Section 50
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10942 of 2026
Arising Out of PS. Case No.-197 Year-2025 Thana- SARE District- Nalanda
======================================================
Ajeet Kumar Son of Umesh Prasad @ Umesh Yadav R/o - Konand, P.S -
Asthawan, District - Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amresh Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Ajit Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 10-03-2026 At the outset, learned counsel for the petitioner seeks
permission of this Court to withdraw the I.A. No. 01 of 2026.
2. Permission is accorded.
3. Accordingly, I.A. No. 01 of 2026 is dismissed as
withdrawn.
4. Heard learned counsel for the petitioner and learned
APP for the State.
5. The petitioner seeks bail in connection with Sare
P.S. Case No. 197 of 2025, instituted for the offences punishable
under Sections 8(c) and 21(b) of the NDPS Act.
6. Prosecution allegation, in short, is that there is
recovery of 22 gram brown sugar from the possession of the
petitioner.
Patna High Court CR. MISC. No.10942 of 2026(2) dt.10-03-2026
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7. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. Learned counsel for
the petitioner also submits that the petitioner has got no concern
with the alleged recovery of brown sugar. It is further submitted
that the petitioner was arrested only on the basis of suspicion.
The recovered contraband is below the commercial quantity.
Hence, Section 37 of the N.D.P.S. Act is not applicable in the
present case. The petitioner is in custody since 26.12.2025 and
has got no criminal antecedent. There is no compliance of
Sections 42 and 50 of the N.D.P.S. Act.
8. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
9. Considering the aforesaid facts and circumstances
of the case, the recovered contraband being below the
commercial quantity and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
10. Let the petitioner be released on bail on furnishing
bail bonds of Rs.15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Sare P.S. Case No.
Patna High Court CR. MISC. No.10942 of 2026(2) dt.10-03-2026
3/3
197 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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