Patna High Court
Amit KumarversusThe State of Biha
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted as the contraband was below commercial quantity and the petitioner had already endured a considerable period of custody.
Summary
Amit Kumar was arrested in April 2024 for alleged offences under the IPC, Arms Act and NDPS Act, with the police claiming seizure of 30 grams of narcotics, a knife, illegal arms and mobiles. The petitioner contended that he was falsely implicated, that no contraband was found in his conscious possession and that the quantity seized was below commercial levels, rendering Section 37 of the NDPS Act inapplicable and that Sections 42 and 50 were not complied with. The State opposed bail, citing the serious nature of the charges and the petitioner’s three prior criminal antecedents. The court examined the facts, noting the sub‑commercial quantity of the narcotics and the period the petitioner had already spent in custody. Accordingly, the court granted bail on a bond of Rs. 15,000 with two sureties, ordering the petitioner’s release.
Issues considered
- Whether bail should be granted to the accused despite charges under IPC, Arms Act and NDPS Act
- Whether the quantity of narcotics seized attracts the provisions of Section 37 of the NDPS Act
- Whether the procedural requirements of Sections 42 and 50 of the NDPS Act have been complied with
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Indian Penal Code — s. 399, 402, 414
- Narcotic Drugs and Psychotropic Substances Act — s. 21, 37, 42, 50, 8
Subjects
- bail
- NDPS Act
- Arms Act
- IPC
- commercial quantity
- false implication
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14935 of 2026
Arising Out of PS. Case No.-284 Year-2024 Thana- SITAMARHI District- Sitamarhi
======================================================
Amit Kumar S/O Asharfi Sah Resident of Kot bazar, Ward No., 12,
Chakmahila, P.S.- Sitamarhi, Dist.- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dwij Raj, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Sitamarhi P.S. Case No. 284 of 2024 instituted for the offences
under Sections 399, 402, 414 of the Indian Penal Code,
Sections 25(1-b)a, 26, 35 of the Arms Act and 8, 21 of the
NDPS Act.
3. Prosecution case, in short, is that during night
patrolling on 30.04.2024, the informant allegedly received
secret information that 4–5 persons had assembled at Ring
Bandh to commit crime; on raid, the petitioner and others were
apprehended and from the petitioner 30 grams of smack (in 30
packets) and a knife were recovered, along with illegal arms and
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mobiles from co-accused, and they allegedly confessed
involvement in loot and criminal activities.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
that petitioner has got no concern with the alleged recovery. 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 Sections 42 and 50 of the
N.D.P.S. Act. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 02.05.2024 and has three
criminal antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, the recovered contraband being less than
commercial quantity as also the period of custody undergone by
the petitioner, this Court is inclined to grant bail to the
petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
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sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Sitamarhi P.S. Case
No. 284 of 2024.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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