Patna High Court
Sanjeev Kumar @ Mangal SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted as the quantity of narcotic was below commercial quantity and the statutory conditions for denial of bail were not met.
Summary
The petitioner, Sanjeev Kumar, was arrested in connection with a case under Sections 8(c) and 21(b) of the NDPS Act for allegedly possessing 9.55 g of ‘smack’. He contended that the seized narcotic was below commercial quantity, no incriminating material was found on his person, and that he was falsely implicated. The State opposed bail, citing the petitioner’s seven prior criminal convictions. The Court noted that the quantity was below the commercial threshold, Section 37 of the NDPS Act was therefore inapplicable, and the statutory requirements of Sections 42 and 50 were not satisfied. Considering these factors and the period of custody, the Court granted bail on the condition of a Rs 15,000 bond with two sureties, one of whom must be a close family member, and strict attendance at trial dates.
Issues considered
- Whether bail can be granted under the NDPS Act when the seized narcotic is below commercial quantity.
- Whether Sections 42 and 50 of the NDPS Act have been complied with in the present case.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 37, 42, 50, 8(c)
Subjects
- NDPS Act
- bail
- possession of narcotics
- commercial quantity
- criminal antecedents
- Section 37
- Section 42
- Section 50
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16256 of 2026
Arising Out of PS. Case No.-61 Year-2026 Thana- TEGHRHA District- Begusarai
======================================================
Sanjeev Kumar @ Mangal Singh Son of Ashok Singh R/o Village -
Mokhtiyarpur, P.S. - Bhagwanpur, Distt. - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pushpendra Kumar Singh, Advocate
Ms. Divya Bharti, Advocate
For the Opposite Party/s : Mr. Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-03-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Teghra
PS Case No. 61 of 2026 instituted for the offences under
Sections 8(c) & 21(b) of the NDPS Act.
3. Prosecution allegation, in short, is that there is
recovery of 9.55 gram smack from the possession of the
petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Charge-sheet been submitted in this case. No
incriminating material has been recovered from the conscious
possession of the petitioner. Learned counsel for the petitioner
Patna High Court CR. MISC. No.16256 of 2026(2) dt.13-03-2026
2/3
further submits petitioner has no concern with the recovered
contraband. 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 02.02.2026
and has got seven (7) criminal antecedents. There is no
compliance of Sections 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 petitioner.
6. Considering the aforesaid facts and circumstances
of the case, recovery below commercial quantity and 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, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs.15,000/- (Fifteen thousand) with two sureties of the like
amount each to the satisfaction of Court below/concerned Court
in connection with Teghra PS Case No. 61 of 2026, 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
Patna High Court CR. MISC. No.16256 of 2026(2) dt.13-03-2026
3/3
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
Checking your session…