Patna High Court
Vishwakarma KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court held that the petitioner is entitled to bail because the mandatory provisions of Sections 42 and 50 were not complied with and the seized quantity was below the commercial threshold, removing the embargo under Section 37.
Summary
Vishwakarma Kumar was arrested on 9 January 2026 in connection with a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act for allegedly possessing 5.57 grams of smack, one mobile phone and Rs.350 in cash. He applied for bail, claiming innocence and arguing that the seized quantity was below the commercial threshold and that the prosecution had failed to comply with the mandatory provisions of Sections 42 and 50 of the NDPS Act. The State opposed bail, noting that the petitioner had another pending case and was already on bail in that matter. The Court examined the statutory requirements and held that non‑compliance with Sections 42 and 50 and the sub‑commercial quantity removed the statutory embargo on bail under Section 37. Accordingly, the Court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, and verification of criminal antecedents. The order directed that the bail bond not be delayed for verification purposes.
Issues considered
- Whether bail can be granted when the seized narcotic quantity is less than the commercial quantity under the NDPS Act.
- Whether non‑compliance with the mandatory provisions of Sections 42 and 50 of the NDPS Act bars the imposition of an embargo under Section 37.
- Whether the petitioner’s other pending case affects the grant of bail in the present matter.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 21(b), 37, 42, 50, 8(c)
Subjects
- bail
- NDPS Act
- narcotic possession
- commercial quantity
- mandatory provisions
- Section 37 embargo
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18487 of 2026
Arising Out of PS. Case No.-18 Year-2026 Thana- NAUBATPUR District- Patna
======================================================
Vishwakarma Kumar S/o Luvkush Sharma R/o Village- Taret, PS- Naubatpur,
District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Bindu Kumari, Advocate
For the State : Mr. Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 24-03-2026 Heard Ms. Bindu Kumari, learned counsel for the
petitioner and Mr. Ajay Kumar Jha, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
09.01.2026, in connection with Naubatpur P.S. Case No. 18 of
2026, F.I.R. dated 08.01.2026 registered for the offences
punishable under Sections 8 (c)/21(b) of N.D.P.S. Act.
3. The case relates to recovery of 5.57 grams of
Smack.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. She further submits that it appears from the F.I.R. as
well as seizure list that altogether 5.57 grams of Smack (net
weight excluding packing) was recovered from the possession of
the petitioner and apart from aforesaid one Android mobile phone
Patna High Court CR. MISC. No.18487 of 2026(2) dt.24-03-2026
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and Rs. 350/- in cash was also recovered from the possession of
the petitioner. She further submits that there is non compliance of
mandatory provisions of Sections 42 and 50 of the N.D.P.S. Act
and the recovered contraband is less than the commercial quantity,
so there is no embargo under Section 37 of the N.D.P.S. Act to
enlarge the petitioner on bail. The petitioner is in custody since
09.01.2026.
5. Learned APP for the State, on the other hand,
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner carries one more case other than the
present one but fairly submits on the basis of paragraph-3 of the
bail petition that the petitioner is on bail in the pending matter.
6. Considering the facts and circumstances of the case
and the fact that there is non compliance of mandatory provisions
of Sections 42 and 50 of the N.D.P.S. Act and the recovered
contraband is less than the commercial quantity, let the petitioner,
above named, be released on bail on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Patna in connection with Naubatpur P.S. Case No. 18
of 2026, subject to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
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and shall remain physically present as directed by the Court and on
his absence on two consecutive dates without sufficient reason, his
bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move for
cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at any
stage, it is found that the petitioner has concealed his criminal
antecedent, the court below shall take step for cancellation of bail
bond of the petitioner. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be delayed for
purpose of or in the name of verification.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at any
stage, it is found that the petitioner has concealed his criminal
antecedent, the court below shall take step for cancellation of bail
bond of the petitioner. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be delayed for
purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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