Created by Fuzzy Cloud

Patna High Court

Navin KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED
Bench
ANSUL

Holding

Bail is denied where a commercial quantity of narcotics is alleged to be in the accused's possession under Section 37 of the NDPS Act.

Summary

The petitioner, Navin Kumar, was arrested after police recovered 700 grams of heroin from a vehicle involved in a road accident. He applied for bail, arguing that the seizure was made from another individual, Raj Tilak, and that there was no direct link to him. The State opposed the bail, citing the commercial quantity of the narcotics and the applicability of Section 37 of the NDPS Act, which bars bail for such quantities. The court examined the allegations and the statutory provisions governing bail in NDPS cases. Concluding that the quantity recovered was commercial and the petitioner was implicated, the court denied bail, allowing a re‑application after six months if the trial remains pending.

Issues considered

  • Whether bail can be granted to an accused under the NDPS Act when a commercial quantity of narcotics is alleged to be in his possession.
  • Whether the presence of another individual (Raj Tilak) affects the bail eligibility of the petitioner.

Legislation cited

  • BNS — s. 111, 318(4), 319(2)
  • NDPS Act — s. 21(c), 22(c), 29, 37

Subjects

  • bail
  • NDPS Act
  • commercial quantity
  • drug trafficking
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16674 of 2026

                         Arising out of PS. Case No.-123 Year-2025 Thana- Pothia District- Katihar
                 ======================================================
                 Navin Kumar S/o Sharwan Singh R/o - Mathurapur Ward No. 03, P.S -
                 Khagaria, District – Khagaria

                                                                             ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                 .. ... Opposite Party/s
                 ======================================================

                 Appearance :
                 For the Petitioner/s     :         Mr.Shashank Shekhar, Advocate
                 For the Opposite Party/s :         Mr.Uday Pratap Singh, APP

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

3   07-05-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. The petitioner seeks bail in Pothiya P.S. Case No.

                   123 of 2025 registered for the offences punishable under

                   Sections 111, 318(4), 319(2) of BNS & 21(c), 22(c) and 29 of

                   the NDPS Act.

                               3. The allegation is that the FIR was lodged with the

                   allegation that there was an accident between two vehicles. The

                   drivers were taken to hospital and their families were informed.

                   Two persons namely Raj Tilak and the petitioner came to the

                   police station where the vehicle was kept and they produced

                   their identity card. They started dragging something from the

                   sound system of the vehicle. The police after seeing the same
                   Patna High Court CR. MISC. No.16674 of 2026(3) dt.07-05-2026
                                2/3




arrested them and recovered 700 Gms of heroin from their

possession.

          4. Learned counsel for the petitioner submits that the

seizure list would show that the recovery has been made from

Raj Tilak and not the petitioner. There is nothing at all to

distinguish the case of Raj Tilak and Naveen Kumar (Petitioner)

though the allegation seems to be a bit preposterous.

          5. Learned Additional Public Prosecutor for the State

has vehemently opposed the prayer for bail of the petitioner.

          6. Considering the commercial quantity of contraband

recovered from the possession of the petitioner which is barred

under section 37 of the NDPS Act, this Court is not inclined to

grant bail to the petitioner.

           7. Accordingly, the prayer for bail of the

petitioner is rejected.

           8. The petitioner may renew his prayer for

bail after six months if the trial is not concluded.

           9. It is made clear that any observation made

herein is prima facie in nature and limited solely for

the purpose of          adjudication of            the     present      bail

application. Such observations shall not be construed

as an expression on the merits of the case and shall not
                         Patna High Court CR. MISC. No.16674 of 2026(3) dt.07-05-2026
                                    3/3




           influence the trial or any other proceedings in any

           manner.



                                    (Ansul, J)
Vikash/-

U      T


Continue reading with your account

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

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

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