Patna High Court
Sonu Kumar Bharti @ Sonu GiriversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail may be granted as the quantity of narcotics recovered is below commercial quantity and the statutory conditions under Sections 42 and 50 were not complied with.
Summary
The petitioner, Sonu Kumar Bharti, was arrested for alleged possession of 14 grams of smack and 19 grams of ganja under Sections 8(c), 21(B), 8 and 20(B)(II)(A) of the NDPS Act. He claimed innocence, asserting that the contraband was planted and that no incriminating material was found in his conscious possession. The defence highlighted that the seized quantity was below the commercial threshold and that the prosecution had not complied with Sections 42 and 50 of the NDPS Act. The State opposed bail, but the court considered the low quantity, the duration of custody, and the statutory non‑compliance. Consequently, the court granted bail on a bond of Rs.15,000 with two sureties and imposed conditions regarding family surety and regular court appearances.
Issues considered
- Whether bail can be granted in an NDPS case where the seized narcotic quantity is below the commercial quantity.
- Whether non‑compliance of Sections 42 and 50 of the NDPS Act warrants bail.
- Whether the allegation of planted contraband affects the grant of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(B)(II)(A), 21(B), 37, 42, 50, 8, 8(c)
Subjects
- bail
- NDPS Act
- drug possession
- commercial quantity
- Section 37
- Section 42
- Section 50
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16307 of 2026
Arising Out of PS. Case No.-5 Year-2026 Thana- RUPASPUR District- Patna
======================================================
Sonu Kumar Bharti @ Sonu Giri S/o- Yogendra Bharti R/o- Mane Mathiya,
P.s- Ekma Dist- Saran Chapra , Present R/o- Vijay Nagar, Road No- 8 , Renter
Urmila Palce P.s- Rupaspur , Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ghanshyam Tiwary, Advocate
For the Opposite Party/s : Mr. Parmanand Kumar, 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
Rupaspur PS Case No. 05 of 2026 instituted for the offences
under Sections 8(c), 21(B), 8, 20(B)(II)(A) of the NDPS Act.
3. Prosecution allegation, in short, is that there is
recovery of 14 grams smack and 19 grams ganja 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. No incriminating material has been recovered from
the conscious possession of the petitioner. Learned counsel for
the petitioner further submits that petitioner has no concern with
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the recovered contraband and the same is planted by the police
party. 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 06.01.2026
and has got no criminal antecedent. 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 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 Rupaspur PS Case
No. 05 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
consecutive dates, the Trial Court will have liberty to cancel the
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bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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