Patna High Court
Gupteshwar PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 25(b)(ii)(B), 37
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
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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
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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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