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Patna High Court

Gupteshwar PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted as the seized contraband is below commercial quantity and the petitioner has a clean antecedent, with no embargo under Section 37.

Summary

Gupteshwar Prasad was arrested on 10 June 2025 in connection with a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act for alleged possession of 7.9 kg of ganja, which is below the commercial quantity threshold. The petitioner pleaded that he has a clean antecedent, was falsely implicated, and that mandatory provisions of the NDPS Act were not complied with, arguing that Section 37 embargo does not apply. The State opposed bail, contending the seriousness of the offence. The Court considered the reduced quantity, the petitioner’s clean record, and the lack of an embargo, and ordered his release on bail with a bond of Rs.10,000 and specific conditions. The bail order also stipulated cancellation upon non‑appearance, tampering with evidence, or concealment of criminal antecedents.

Issues considered

  • Whether bail can be granted under the NDPS Act when the seized narcotic quantity is less than the commercial quantity
  • Whether Section 37 of the NDPS Act imposes an embargo on bail in the present case
  • Whether the petitioner’s clean antecedent and alleged procedural lapses justify bail

Legislation cited

Subjects

  • NDPS Act
  • bail
  • possession of narcotics
  • commercial quantity
  • clean antecedent
  • Section 25
  • Section 37
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.1908 of 2026
                       Arising Out of PS. Case No.-300 Year-2025 Thana- KARAKAT District- Rohtas
                 ======================================================
                 Gupteshwar Prasad S/o Late Shiv Kumar Prasad Resident of village - Nawada
                 Ben, P.S - Udawant Nagar, District - Bhojpur at Ara

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :     Mr. N.K. Agrawal, Sr. Advocate
                                                  Mr. Chhote Lal Mishra, Advocate
                 For the State              :     Mr. Sanjay Kumar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   19-01-2026                          Heard Mr. N.K. Agrawal, learned counsel for the

                   petitioner and Mr. Sanjay Kumar Sharma, learned APP for the

                   State.

                                  2. Petitioner seeks bail, who is in custody since

                   10.06.2025, in connection with Karakat P.S. Case No. 300 of

                   2025, F.I.R. dated 09.06.2025                registered for the offences

                   punishable under Sections 25(b)(ii)(B) of the N.D.P.S. Act.

                                  3. The case relates to recovery of 7.900 Kgs. of

                   Ganja.

                                  4. Learned Senior counsel for the petitioner submits

                   that the petitioner has clean antecedent and he has been falsely

                   implicated in the present case. It appears from the F.I.R. as well

                   as seizure list that altogether 7.900 Kgs of Ganja was recovered
Patna High Court CR. MISC. No.1908 of 2026(2) dt.19-01-2026
                                            2/3




          from the possession of the petitioner. He further submits that

          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 10.06.2025.

                        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

          District & Additional Sessions Judge, Bikramganj, Rohtas in

          connection with Karakat P.S. Case No. 300 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.1908 of 2026(2) dt.19-01-2026
                                                           3/3




                         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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