Patna High Court
Sanjay SinghversusThe Union of India through Narcotic Control Bureau, Patna
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted as the seized narcotics were below commercial quantity and no embargo under Section 37 applied.
Summary
Petitioners Sanjay Singh and Kripal Kumar were arrested on 25-10-2025 for alleged possession of 1.650 kg of ganja and Rs.1,75,470, charged under Sections 8, 20(B)(ii) and 22(B) of the NDPS Act. They contended that the allegations were fabricated, the seized narcotics were below the commercial quantity, and therefore Section 37 of the NDPS Act did not bar bail. The Union of India, represented by the Additional Solicitor General, opposed bail, citing the large quantity seized and a pending case under the Excise Act. The Patna High Court examined the facts, noted that the quantity was indeed less than commercial quantity and that no embargo applied, and consequently ordered bail on a bond of Rs.10,000 with two sureties and several conditions. The bail order also directed verification of the petitioners' criminal antecedents and stipulated cancellation of bail for non‑compliance.
Issues considered
- Whether bail can be granted when the quantity of narcotics seized is less than the commercial quantity under the NDPS Act.
- Whether Section 37 of the NDPS Act imposes an embargo on bail in the present case.
- Whether the existence of a pending case under the Excise Act affects the grant of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(B)(ii), 22(B), 37, 8
Subjects
- bail
- NDPS Act
- possession of narcotics
- commercial quantity
- Section 37
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2115 of 2026
Arising Out of PS. Case No.-421 Year-2025 Thana- KHUSRUPUR District- Patna
======================================================
1. Sanjay Singh S/O Padarath Singh A Permanent R/O Village- Chainpur, At
Present - Bhuski ,P.S.- Khusrupur, District- Patna.
2. Kripal Kumar S/O Nasib Yadav @ Nasib Kumar A permanent resident of
Daulatpur, P.S- Bela, Distt.- Gaya, at present Village- Bhuski, P.S-
Khusrupur, Distt.- Patna.
... ... Petitioner/s
Versus
The Union of India through Narcotic Control Bureau, Patna Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Harish Kumar, Advocate
For the Opposite Party/s : Mr.Dr Krishna Nandan Singh, ASG
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 20-01-2026 Heard Mr.Harish Kumar, learned counsel for the
petitioners and Mr.Dr Krishna Nandan Singh, learned
Additional Solicitor General for the Union of India.
2. The petitioners seek bail, who are in custody
since 25.10.2025, in connection with Khusrupur P.S.Case
No.421 of 2025, FIR dated 25.10.2025 registered for the
offence punishable under Sections 8, 20(B)(ii),22(B) of
N.D.P.S.Act.
3. Allegation against the petitioners is that 1.650
Kgs of Ganja was recovered from the house of the petitioners
who are uncle and nephew.
4. Learned counsel appearing for the petitioners
Patna High Court CR. MISC. No.2115 of 2026(2) dt.20-01-2026
2/4
submits that the allegation as alleged in the FIR is false and
fabricated and the petitioners have not committed any offence
as alleged in the FIR. As per allegation in the FIR as well as
the seizure list that 1.650 Kgs of Ganja like substance has
been recovered from the house of petitioner No.1 and Rs.
1,75,470/- has been recovered from the house of petitioner
No.2. Further submits that 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
petitioners. As per allegation of recovery of Rs. 1,75,470/- is
concerned the same is belonged to petitioner No.2 and the
police, after investigation, submitted chargesheet against the
petitioners and the petitioners are in custody since
25.10.2025.
5. Learned Additional Solicitor General for the
Union of India, on the other hand, has vehemently opposed
the prayer for bail of the petitioners and submits that the
contraband recovered from possession of petitioner No.1 and
huge amount has been recovered from possession of petitioner
No.2. Further submit that the petitioners carry one more case
other than the present one under the Excise Act but fairly
submits that the petitioners are on bail the said case, as
Patna High Court CR. MISC. No.2115 of 2026(2) dt.20-01-2026
3/4
mentioned in para-3 of the bail petition.
6. Considering the aforesaid facts and the recovered
contraband is less than the commercial quantity, let the
petitioners, above named, be released on bail on furnishing
bail bond of Rs.10,000/- (Ten Thousand)each with two
sureties of the like amount each to the satisfaction of learned
Sessions Judge/Special Judge (NDPS), Patna in connection
with Khusrupur P.S.Case No.421 of 2025, with 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 their absence on two consecutive dates without
sufficient reason, their bail bond shall be cancelled by the
Court below.
(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
Patna High Court CR. MISC. No.2115 of 2026(2) dt.20-01-2026
4/4
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)
Nitesh/-
U T
Checking your session…