Patna High Court
Krishna DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted because the seized contraband was below commercial quantity and no embargo under Section 37 applied, coupled with the petitioner’s clean antecedent.
Summary
Krishna Das was arrested on 26 September 2025 in connection with a case under Sections 20 and 22 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for alleged possession of 39 bottles of cough syrup, 22 capsules and 23 tablets recovered from his bicycle. The petitioner pleaded that he has a clean antecedent, the seized contraband is below the commercial quantity, and the mandatory provisions of the NDPS Act were not complied with, thus no embargo under Section 37 applies. The State opposed bail, but the court noted the low quantity and the petitioner’s clean record. The court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence. The bail order also directed verification of the petitioner’s antecedents and stipulated cancellation of bail for any breach.
Issues considered
- Whether bail can be granted under the NDPS Act when the seized quantity is less than the commercial quantity.
- Whether the absence of an embargo under Section 37 of the NDPS Act precludes denial of bail.
- Whether the petitioner’s clean antecedent and alleged procedural lapses justify bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 20, 22, 37
Subjects
- bail
- NDPS Act
- Section 20
- Section 22
- Section 37
- commercial quantity
- drug possession
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1907 of 2026
Arising Out of PS. Case No.-276 Year-2025 Thana- HARLAKHI District- Madhubani
======================================================
Krishna Das Son of Ramdev Das, R/O Vilage- Depra Rupetha, Ward No. 20,
Janakpur Dham, P.S. Janakpur, Dist- Dhanusha, Nepal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhavesh Kumar Sah, Advocate
For the State : Mr. Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 19-01-2026 Heard Mr. Bhavesh Kumar Sah, learned counsel for
the petitioner and Mr. Rana Randhir Singh, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
26.09.2025, in connection with Harlakhi P.S. Case No. 276 of
2025, G.R. No. 88 of 2025, F.I.R. dated 25.09.2025 registered
for the offences punishable under Sections 20/22 of the N.D.P.S.
Act.
3. The case relates to recovery of 39 bottles of Onerex
cough syrup (100 ml each), 22 capsules of Spasmo-Proxyvon
Plus and 23 tablets of I-SPA Pro.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
implicated in the present case. Although, some contraband has
Patna High Court CR. MISC. No.1907 of 2026(2) dt.19-01-2026
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been recovered from the bicycle of the petitioner but there is
non-compliance of mandatory provisions of N.D.P.S. Act and
the recovered contraband is less than the commercial quantity
and there is no embargo of Section 37 of the N.D.P.S. Act to
enlarge the petitioner on bail. The police, after investigation,
submitted chargesheet against the petitioner and the petitioner is
in custody since 26.09.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the facts and circumstances of the case
and the fact that the petitioner having clean antecedent 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
Principal Sessions Judge, Madhubani in connection with
Harlakhi P.S. Case No. 276 of 2025, 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
and shall remain physically present as directed by the Court and
Patna High Court CR. MISC. No.1907 of 2026(2) dt.19-01-2026
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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 antecedents, 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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