Patna High Court
Ajit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner, finding no embargo under Section 37 and noting non‑compliance of Section 50 and the relevant BNSS provisions.
Summary
Ajit Kumar was arrested on 13 January 2026 for alleged possession of 6 kg of ganja, with a co-accused found with an additional 4 kg, totaling 10 kg. The petitioner claimed a clean antecedent and argued that the seizure was less than the commercial quantity, that Section 50 of the NDPS Act and Sections 103 and 105 of the Bihar Narcotic Substances (Amendment) Act, 2023 were not complied with, and therefore no embargo under Section 37 applied. The State opposed bail, but the court noted the lack of commercial quantity and procedural lapses, and consequently ordered bail on a bond of Rs.10,000 with two sureties and several conditions. The bail order required the petitioner to cooperate with the trial, appear in court as directed, and not tamper with evidence or conceal antecedents. The court directed that the bail bond should not be delayed for verification of antecedents.
Issues considered
- What is the applicability of Section 50 of the NDPS Act and Sections 103 and 105 of the BNSS, 2023 in granting bail?
- Does the quantity of narcotic seized (10 kg) constitute a commercial quantity triggering an embargo under Section 37 of the NDPS Act?
- Can bail be granted despite the seriousness of the offence under Sections 8 and 20(b)(ii)B of the NDPS Act?
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)B, 37, 50, 8
Subjects
- bail
- NDPS Act
- narcotics
- commercial quantity
- Section 50
- Section 37
- BNSS 2023
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20489 of 2026
Arising Out of PS. Case No.-20 Year-2026 Thana- FATUA District- Patna
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Ajit Kumar S/o Jairam Mistri R/o vill - Jethuli, P.S.- Nadi, Distt.- Patna, at
present vill- Taraura, P.S.- Daniyawan, Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rahul Rathour, Advocate
For the Opposite Party/s : Mr.Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 26-03-2026 Heard Mr.Rahul Rathour, learned counsel for the
petitioner and Mr.Upendra Kumar, learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
13.01.2026 in connection with Fatuha P.S. Case No. 20 of 2026,
F.I.R. dated 12.01.2026 registered for the offence punishable
under Sections 8, 20(b)(ii)B of NDPS Act.
3. Allegation against the petitioner is that 06 Kg of
Ganja has been recovered from from a back pack carried by the
petitioner and 04 Kgs of Ganja from a Jhola carried by co-
accused Mithilesh Kumar, total 10 Kgs.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. The allegation
as alleged in the FIR is false and fabricated and the petitioner
Patna High Court CR. MISC. No.20489 of 2026(2) dt.26-03-2026
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has not committed any offence as alleged in the FIR. He further
submits that it appears from the FIR as well as seizure list that
06 Kg of Ganja like substance has been recovered from
possession of the petitioner and 04 Kgs of Ganja like substance
has been recovered from possesion of co-accused Mithilesh
Kumar, total 10 Kgs. Learned counsel for the petitioner submits
that there is non-compliance of Section 50 of the NDPS Act and
there is also non-compliance of Sections 103 and 105 of
BNSS,2023 and the 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 petitioner and the
petitioner is in custody since 13.01.2026.
5. Learned A.P.P. for the State, on the other hand, has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts, petitioner has clean
antecedent, the recovered contraband is less than the
commercial quantity and there is non-compliance of Section 50
of the NDPS Act and Sections 103 and 105 of BNSS,2023, let
the petitioner, 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 learned Sessions
Judge/Special Judge (NDPS), Patna in connection with Fatuha
Patna High Court CR. MISC. No.20489 of 2026(2) dt.26-03-2026
3/3
P.S. Case No. 20 of 2026, with the following conditions:-
(I) 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/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers 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 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)
Nitesh/-
U T
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