Patna High Court
Amar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail must be granted as no incriminating article was recovered from the petitioner, the quantity was below commercial limits, and mandatory statutory provisions were not complied with.
Summary
Amar Singh was arrested on 15 January 2026 in connection with a case under the NDPS Act for alleged possession of 20 grams of smack. The petitioner claimed he had a clean antecedent and that no incriminating article was recovered from his possession, only from a co‑accused. The seized quantity was below the commercial threshold, so Section 37 of the NDPS Act did not impose an embargo on bail, and the prosecution had not complied with the mandatory provisions of Section 50 of the NDPS Act and Section 103 of the B.N.S.S., 2023. The State opposed bail, but the court noted the lack of direct evidence against the petitioner and the procedural lapses. Consequently, the court granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedent.
Issues considered
- Whether bail should be granted to the petitioner under the NDPS Act given the alleged offences and circumstances.
- Whether the quantity of narcotic seized, being less than commercial quantity, negates the application of Section 37 embargo on bail.
- Whether non‑compliance with mandatory provisions of Section 50 of the NDPS Act and Section 103 of the B.N.S.S., 2023 affects the grant of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21, 22(b), 25, 29, 37, 50
Subjects
- bail
- NDPS Act
- narcotic drugs
- commercial quantity
- Section 37
- Section 50
- Section 103
- clean antecedent
- contraband
- criminal antecedent verification
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20961 of 2026
Arising Out of PS. Case No.-45 Year-2026 Thana- GARDANIBAG District- Patna
======================================================
Amar Singh S/o- Suresh Prasad R/v- Saichak Bhatha Par, Ps- Beur Dist-
Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Ganesh Prasad Yadav, Advocate
For the State : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 30-03-2026 Heard Mr. Ganesh Prasad Yadav, learned counsel for
the petitioner and Mr. Shailendra Kumar, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
15.01.2026, in connection with Gardanibagh P.S. Case No. 45 of
2026, F.I.R. dated 14.01.2026 registered for the offences
punishable under Sections 21, 22(b), 25, 29 of N.D.P.S. Act.
3. The case relates to recovery of 41 Puriyas
weighing 20 grams of Smack.
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 the allegation as
alleged in the F.I.R. is false and fabricated and the petitioner has
not committed any offence as alleged in the F.I.R. It appears from
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the F.I.R. as well as seizure list that nothing incriminating article
has been recovered from the possession of the petitioner rather
recovery has been made from co-accused person, namely, Ajeet
Kumar @ Ajeet Baba and the petitioner has no concern at all with
the alleged recovery of contraband or the co-accused person.
Although the alleged recovery of contraband from co-accused
person which 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 and only one black colour Nokia mobile was
recovered from the possession of the petitioner 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. The petitioner is in
custody since 15.01.2026.
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 nothing
incriminating article has been recovered from the possession of the
petitioner 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
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two sureties of the like amount each to the satisfaction of learned
Exclusive Special Judge I, N.D.P.S., Act, Patna in connection with
Gardanibagh P.S. Case No. 45 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
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
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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//-
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