Patna High Court
Kanhaiya Kumar@ Kanhiay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner as the seized quantity was below commercial quantity and Section 50 of the NDPS Act was not complied with, removing the embargo under Section 37.
Summary
The petitioner, Kanhaiya Kumar, was arrested on 18 January 2026 in connection with a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act for alleged possession of brown sugar. The FIR alleged recovery of 29.43 grams of brown sugar, of which only 6.33 grams were found in the petitioner's possession. The petitioner’s counsel argued that he has a clean antecedent, that the quantity seized is below the commercial threshold, and that the statutory requirement of Section 50 of the NDPS Act was not satisfied, thereby negating the embargo under Section 37. The State opposed bail, contending the seriousness of the offence. The Court, after considering the facts and the statutory provisions, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents. The order directed the Special Judge in Purnea to accept the bail bond without delay for verification purposes.
Issues considered
- Whether bail can be granted to an accused under the NDPS Act when the seized quantity is below commercial quantity.
- Whether the non‑compliance of Section 50 of the NDPS Act removes the embargo on bail under Section 37.
- Whether the petitioner’s clean antecedent warrants the grant of bail despite the nature of the offence.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 37, 50, 8(c)
Subjects
- bail
- NDPS Act
- commercial quantity
- Section 50
- Section 37
- narcotics
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21310 of 2026
Arising Out of PS. Case No.-10 Year-2026 Thana- Champanagar District- Purnia
======================================================
Kanhaiya Kumar@ Kanhiay Kumar S/o Rajesh Sah @ Rajesh Kumar Sah R/o
Village- Jagarnathpur, Ward No 1, PS- Champanagar, Distt- Purnia
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bijendra Kumar Singh, Advocate
For the Opposite Party/s : Mr.Ajit Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 01-04-2026 Heard Mr.Bijendra Kumar Singh, learned counsel for
the petitioner and Mr.Ajit Kumar, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
18.01.2026 in connection with Champanagar P.S. Case No. 10
of 2026, F.I.R. dated 17.01.2026 registered for the offence
punishable under Sections 8(c) and 21(b) of N.D.P.S.Act.
3. Recovery is of 29.43 Gm of Brown Sugar.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. He further
submits that it appears from the FIR that altogether 29.43 Gm of
Brown Sugar like substance has been recovered from possession
of accused persons including the petitioner and 6.33 Grams of
Brown Sugar like substance which was kept in 18 Puria and one
Mobile with SIM has been recovered from possession of the
Patna High Court CR. MISC. No.21310 of 2026(2) dt.01-04-2026
2/3
petitioner. Learned counsel for the petitioner submits that there
is non-compliance of Section 50 of the NDPS Act 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 18.01.2026.
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, there is non-compliance of Section 50 of the NDPS
Act and the recovered contraband is less than the commercial
quantity i.e. 6.33 Gm., 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 Special Judge (NDPS Act), Purnea in
connection with Champanagar P.S. Case No. 10 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.
Patna High Court CR. MISC. No.21310 of 2026(2) dt.01-04-2026
3/3
(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
Checking your session…