Patna High Court
Nirad KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner, finding that the seized quantity was below commercial quantity and procedural safeguards under the NDPS Act were not met.
Summary
The petitioner, Nirad Kumar, was arrested in connection with a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act where 222 grams of brown sugar was seized, of which 20 grams was allegedly found on his person. He contended that he was falsely implicated, had no prior criminal record, and that no incriminating material was recovered from his conscious possession. The petitioner argued that the quantity seized was below the commercial threshold, making Section 37 inapplicable, and that the procedural requirements of Sections 42 and 50 of the NDPS Act were not satisfied. The State opposed bail, but the court noted the low quantity of contraband and the petitioner’s custody period, and consequently granted bail with a bond of Rs. 15,000 and two sureties, subject to conditions regarding family surety and regular appearance in court. The bail order was issued by Justice Rudra Prakash Mishra of the Patna High Court.
Issues considered
- Whether bail should be granted when the seized narcotic quantity is below commercial quantity under the NDPS Act
- Whether Section 37 of the NDPS Act applies to the case
- Whether the procedural requirements of Sections 42 and 50 of the NDPS Act have been complied with
- Whether the petitioner poses a flight risk or threat to the investigation
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 21(c), 22(ii)(b), 37, 42, 50, 8(c)
Subjects
- bail
- NDPS Act
- contraband
- commercial quantity
- Section 37
- Section 42
- Section 50
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16406 of 2026
Arising Out of PS. Case No.-2 Year-2026 Thana- SALIMPUR District- Patna
======================================================
Nirad Kumar S/o Mahesh Thakur R/o Village- Bahapur, P.S.- Salimpur,
District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kaushal Kishor, Advocate
For the Opposite Party/s : Mr. Aditya Narayan Singh.1, 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
Salimpur P.S. Case No. 2 of 2026 instituted for the offences
under Sections 8(c), 21(b)(c), 22(ii)(b) of the N.D.P.S. Act.
3. Prosecution case, in short, is that total 222 grams of
brown sugar has been recovered in this case out of which 20
grams of brown sugar has been recovered from the possession
of the petitioner.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Petitioner is in custody since 04.01.2026 and has no criminal
antecedent. There is no allegation of tampering of witnesses
Patna High Court CR. MISC. No.16406 of 2026(2) dt.13-03-2026
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alleged against the petitioner. No incriminating material has
been recovered from the conscious possession of the petitioner.
Petitioner has 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.
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, recovered contraband being less than the
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
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Salimpur P.S. Case
No. 2 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
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fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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