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Patna High Court

Nirad KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
           Patna High Court CR. MISC. No.16406 of 2026(2) dt.13-03-2026
                                                       3/3




                     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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