Created by Fuzzy Cloud

Patna High Court

Sonu Kumar Bharti @ Sonu GiriversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.16307 of 2026(2) dt.13-03-2026
                                            2/3




          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
           Patna High Court CR. MISC. No.16307 of 2026(2) dt.13-03-2026
                                                       3/3




                     bail bonds of the petitioner.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.