Patna High Court
Avinash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted as the quantity involved was below commercial quantity and no embargo under Section 37 applied.
Summary
Avinash Kumar was arrested on 12-12-2025 in connection with NDPS Case No. 94 of 2025 for alleged possession of 40.55 g of heroin-like substance, with 89.67 g of smack recovered. He filed a bail petition, claiming a clean antecedent and arguing that Section 50 of the NDPS Act was not complied with, and that a similarly situated co‑accused, Sonu Kumar, had been granted bail by a coordinate bench. The State opposed the bail, contending the seriousness of the offence. The Court noted that the quantity of contraband was below the commercial quantity and that no embargo under Section 37 applied, and therefore granted bail on a bond of Rs.10,000 with two sureties and specific conditions. The order directed the lower court to verify the petitioner’s antecedent but not to delay acceptance of the bail bond.
Issues considered
- Whether bail can be granted in an NDPS case where the quantity of narcotic is below commercial quantity.
- Whether the non‑compliance of Section 50 of the NDPS Act bars bail.
- Whether the precedent of bail granted to a similarly situated co‑accused is applicable.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 29, 37, 50, 8(c)
Subjects
- bail
- NDPS Act
- narcotics
- commercial quantity
- Section 37
- Section 50
- criminal antecedent
- coordinate bench
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18600 of 2026
Arising Out of PS. Case No.-90 Year-2025 Thana- Garahara District- Begusarai
======================================================
Avinash Kumar S/o- Late Upendra Rai R/v- Dower Kothi, PS- Rajapakar @
Raja Pokhar Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Deepak Kumar Singh, Advocate
For the Opposite Party/s : Mr.Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 24-03-2026 Heard Mr.Deepak Kumar Singh, learned counsel for
the petitioner and Mr.Madan Kumar, learned A.P.P. for the
State.
2. The petitioner seeks bail who is in custody since
12.12.2025 in connection with NDPS Case No. 94 of 2025
arising out of Garhara P.S. Case No. 90 of 2025, F.I.R. dated
11.12.2025 registered for the offence punishable under Sections
8(c),21(b),29 of N.D.P.S.Act.
3. Recovery is of 89.67 Gm of Smack.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. Although there
is specific allegation against that the petitioner that altogether
40.55 Gm of Heroin like substance was recovered from
possession of the petitioner. Learned counsel for the petitioner
Patna High Court CR. MISC. No.18600 of 2026(2) dt.24-03-2026
2/3
submits that there is non-compliance of Section 50 of NDPS Act
and similarly situated co-accused person, namely, Sonu Kumar,
from whose possession, 24.82 Gms of Smack was recovered,
has been granted bail by a Coordinate Bench of this Hon’ble
Court vide order dated 04.02.2026 passed in Cr. Misc. No.7140
of 2026 and the recovered contraband is less than the
commercial quantity. Hence, there is no embargo under Section
37 of the N.D.P.S.Act for grant of bail to the petitioner and the
police, after investigation, submitted chargesheet against the
petitioner and the petitioner is in custody since 12.12.2025.
5. Learned A.P.P. for the State, on the other hand, has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts, similarly situated
co-accused person has been granted bail by a Coordinate Bench
of this Hon’ble Court 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/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned District and Additional Sessions Judge-I,
Begusarai in connection with NDPS Case No. 94 of 2025
arising out of Garhara P.S. Case No. 90 of 2025, with the
following conditions:-
Patna High Court CR. MISC. No.18600 of 2026(2) dt.24-03-2026
3/3
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) 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)
Nitesh/-
U T
Checking your session…