Created by Fuzzy Cloud

Patna High Court

Rohit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                                    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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.