Created by Fuzzy Cloud

Patna High Court

Sanjay SinghversusThe Union of India through Narcotic Control Bureau, Patna

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

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

Sign in to read

Checking your session…

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