Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioners, subject to a bond and specific conditions, finding no embargo under Section 37.
Summary
Petitioners Rohit Kumar and Rajesh Kumar Safi were arrested on 29-11-2025 for alleged possession of 1.35 kg of ganja, alleged offences under Sections 20 and 22 of the Narcotic Drugs & Psychotropic Substances Act, 1985. They pleaded that they have no prior criminal record and that the seized quantity is below the commercial threshold, thus arguing that Section 37’s embargo on bail does not apply. The State opposed the bail application. The High Court, noting the clean antecedent and the quantity being more than a small amount but less than commercial quantity, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding court attendance, non‑tampering with evidence, and verification of antecedents. The order directs the lower court to release the petitioners subject to these conditions.
Issues considered
- Whether bail can be granted under the NDPS Act when the seized narcotic quantity exceeds the small‑quantity limit but is below the commercial‑quantity threshold.
- Whether Section 37 of the NDPS Act imposes an embargo on bail in the present facts.
- Whether the petitioners' clean antecedent suffices to justify bail despite the quantity involved.
Legislation cited
- Narcotic Drugs & Psychotropic Substances Act, 1985 — s. 20, 22, 37
Subjects
- bail
- NDPS Act
- narcotics
- commercial quantity
- Section 37
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1937 of 2026
Arising Out of PS. Case No.-134 Year-2025 Thana- KHIRHAR District- Madhubani
======================================================
1. Rohit Kumar S/O Ramdeo Mahto Resident of Village- Basopatti, P.S-
Basopatti, Distt.- Madhubani.
2. Rajesh Kumar Safi S/O Bhogi Safi Resident of Village- Basopatti, P.S-
Basopatti, Distt.- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhavesh Kumar Sah, Advocate
: Ms. Archana Anand, Advocate
For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 20-01-2026 Heard Mr. Bhavesh Kumar Sah, learned counsel for
the petitioners and Mr. Kumar Ranjit Ranjan, learned Additional
Public Prosecutor for the State.
2. Petitioners seeks bail who is in custody since
29.11.2025 in connection with Khirhar P.S. Case No. 134 of
2025 arising out of G.R. Case No. 109 of 2025, F.I.R. dated
28.11.2025 for the offences punishable under Sections 20,22 of
the Narcotic Drugs & Psychotropic Substance Act, 1985.
3. Recovery is of 1 kg 350 grams of Ganja.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have falsely been
implicated in the present case. It appears from the FIR and
Patna High Court CR. MISC. No.1937 of 2026(2) dt.20-01-2026
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seizure list that altogether 1350 grams of ganja was recovered
from the possession of the petitioners. He further submits that
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 petitioners. The petitioners are in custody
since 29.11.2025.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances
and the petitioners have clean antecedent and that the recovered
contraband is less than the commercial quantity but more than
small quantity, let the petitioners, 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
the learned Principal Sessions Judge, Madhubani in connection
with Khirhar P.S. Case No. 134 of 2025, subject to the following
conditions:-
i. Petitioners 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 thier absence on two consecutive dates without sufficient
reason, thier bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.1937 of 2026(2) dt.20-01-2026
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ii. If the petitioners tamper 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 petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioners. 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)
Suruchi/-
U T
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