Patna High Court
Kanhaiya KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted because the contraband was below commercial quantity and there was non‑compliance with mandatory provisions of the NDPS Act and the B.N.S.S. Act, coupled with the petitioner’s clean antecedent.
Summary
Kanhaiya Kumar was arrested on 17 January 2026 in connection with a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act for alleged possession of 1.160 kg of ganja-like substance, a mobile phone and a small amount of cash. He applied for bail, claiming a clean antecedent and that he was falsely implicated. His counsel argued that the mandatory provisions of Section 50 of the NDPS Act and Section 103 of the Bihar Narcotic Substances (Suppression) Act, 2023 were not complied with, and that the seized quantity was below the commercial threshold, negating the embargo under Section 37 of the NDPS Act. The State opposed bail. The High Court, after considering the facts, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding trial cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted in an NDPS case where the seized quantity is below commercial quantity and mandatory provisions of the NDPS Act and B.N.S.S. Act are alleged to be non‑compliant.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(B), 37, 50, 8
Subjects
- bail
- NDPS Act
- drug possession
- commercial quantity
- mandatory provisions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20459 of 2026
Arising Out of PS. Case No.-8 Year-2026 Thana- PACHMAHLA District- Patna
======================================================
Kanhaiya Kumar S/O Ram Naresh Singh Resident of Village- Nauranga
Jalalpur, P.S.- Pachmahla, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Sanjeev Kumar, Advocate
For the State : Mr. Dr. Kumar Uday Pratap, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 26-03-2026 Heard Mr. Sanjeev Kumar, learned counsel for the
petitioner and Mr. Dr. Kumar Uday Pratap, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
17.01.2026, in connection with Pachmahla P.S. Case No. 08 of
2026, F.I.R. dated 17.01.2026 registered for the offences
punishable under Sections 8 /20(b)(ii)(B) of N.D.P.S. Act.
3. The case relates to recovery of 1.160 Kgs. of
Ganja like substance, one Realme Mobile and Rs. 1090/- cash.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely implicated
in the present case. He further submits that it appears from the
F.I.R. that altogether 1.160 Kgs. of Ganja like substance, one
Realme Mobile and Rs. 1090/- cash was recovered from the
Patna High Court CR. MISC. No.20459 of 2026(2) dt.26-03-2026
2/3
possession of the petitioner. Learned counsel for the petitioner
further submits that there is non compliance of mandatory
provisions of Section 50 of the N.D.P.S. Act and Section 103 of
the B.N.S.S., 2023 and the recovered contraband is less than the
commercial quantity, so there is no embargo under Section 37 of
the N.D.P.S. Act to enlarge the petitioner on bail. The petitioner is
in custody since 17.01.2026.
5. Learned APP for the State, on the other hand,
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 there is
non compliance of mandatory provisions of Section 50 of the
N.D.P.S. Act and Section 103 of the B.N.S.S., 2023 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 Sessions
Judge/Special Judge (NDPS), Patna in connection with Pachmahla
P.S. Case No. 08 of 2026, 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 on
his absence on two consecutive dates without sufficient reason, his
Patna High Court CR. MISC. No.20459 of 2026(2) dt.26-03-2026
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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
antecedent, 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.
(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
antecedent, 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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