Patna High Court
Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted as the petitioner had no conscious possession of the seized heroin and the quantity was below the commercial threshold, so no embargo under Section 37 applied.
Summary
Kundan Kumar was arrested on 6 December 2025 in connection with a case involving the alleged possession of 6.25 grams of heroin, an offence under Sections 8(c) and 21(b) of the NDPS Act. The seized heroin was recovered from a co‑accused, Javed Alam, and not from the petitioner's conscious possession. The petitioner argued that the quantity was below the commercial threshold and that Section 50 of the NDPS Act, which governs bail, had not been complied with, thus no embargo under Section 37 applied. The State opposed bail, noting a second pending case, though the petitioner was already on bail in that matter. The Court held that, given the lack of conscious possession and the small quantity, bail could be granted, and ordered release on a Rs.10,000 bond with specified conditions.
Issues considered
- Whether bail can be granted when the contraband is not recovered from the petitioner's conscious possession.
- Whether the quantity of heroin (6.25 g) falls below the commercial quantity, thereby removing the embargo under Section 37 of the NDPS Act.
- Whether the procedural requirements of Section 50 of the NDPS Act have been satisfied.
- Whether the existence of another pending case affects the grant of bail in the present matter.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 37, 50, 8(c)
Subjects
- bail
- NDPS Act
- drug possession
- conscious possession
- commercial quantity
- Section 37
- Section 50
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15079 of 2026
Arising Out of PS. Case No.-732 Year-2025 Thana- NAUBATPUR District- Patna
======================================================
Kundan Kumar S/O Munna Prasad R/O Nisarpura Lakh, P.S.- Naubatpur,
Dist.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar, Advocate
For the Opposite Party/s : Mr.Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 10-03-2026 Heard Mr.Pramod Kumar, learned counsel for the
petitioner and Mr.Madan Kumar, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
06.12.2025 in connection with Naubatpur P.S. Case No. 732 of
2025, F.I.R. dated 05.12.2025 registered for the offence
punishable under Section 8(c),21(B)of N.D.P.S.Act.
3. Recovery is of 6.25 grams of heroin.
4. Learned counsel appearing for the petitioner
submits that it appears from the FIR as well as seizure list that
nothing has been recovered from conscious possession of the
petitioner rather the recovery has been made from possession of
co-accused person, namely, Javed Alam and altogether 6.25
grams of Smack has been recovered from possession of co-
accused person and petitioner has been made accused in the
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present case merely on the ground that he was present with co-
accused person. Learned counsel for the petitioner submits that
there is non-compliance of Section 50 of the N.D.P.S.Act and
apart from that, the recovered contraband is less than the
commercial quantity. Hence, there is no embargo under Section
37 of the NDPS Act to enlarge the petitioner on bail and the
police, after investigation, submitted chargesheet against the
petitioner and the petitioner is in custody since 06.12.2025.
5. Learned A.P.P. for the State, on the other hand, has
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner carries one more case other than the
present one but fairly submits that the petitioner is on bail in the
said case, as mentioned in para-3 of the bail petition.
6. Considering the aforesaid facts and nothing has
been recovered from conscious possession of the petitioner, 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 Sessions
Judge-cum-Special Judge (NDPS), Patna in connection with
Naubatpur P.S. Case No. 732 of 2025,with the following
conditions:-
(I) Petitioner shall co-operate in the trial and shall be
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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
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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