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Patna High Court

Suraj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that anticipatory bail may be granted as there is no embargo under Section 37 and the petitioner is not materially implicated.

Summary

Suraj Kumar was arrested in connection with a case under Sections 8(c) and 21(B) of the NDPS Act for possession of 6.25 grams of smack, which is more than a small quantity but less than a commercial quantity. The co‑accused Javed Alam and Kundan Kumar were apprehended and their possessions recovered, but no material other than their statements linked the petitioner to the offence. The petitioner, who has a clean antecedent, applied for anticipatory bail, arguing that the mandatory provisions of Sections 42 and 50 of the NDPS Act were not complied with and that there is no embargo under Section 37. The Additional Public Prosecutor opposed the bail. The Court, noting the lack of incriminating evidence against the petitioner and the quantity being below commercial level, granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and other safeguards.

Issues considered

  • Whether anticipatory bail can be granted under the NDPS Act when the seized contraband is less than commercial quantity and the petitioner has a clean antecedent.
  • Whether the mandatory provisions of Sections 42 and 50 of the NDPS Act have been complied with in the investigation.
  • Whether the embargo provision of Section 37 of the NDPS Act applies to the petitioner.

Legislation cited

Subjects

  • NDPS Act
  • anticipatory bail
  • Section 438 CrPC
  • quantity of contraband
  • bail conditions
  • criminal antecedent
  • embargo provision

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22513 of 2026
                      Arising Out of PS. Case No.-732 Year-2025 Thana- NAUBATPUR District- Patna
                 ======================================================
                 Suraj Kumar Son of Munna Prasad Resident of Nisarpura Lakh, Police
                 Station - Naubatpur, District - Patna.              ... ... Petitioner/s
                                                      Versus
                 The State of Bihar                           ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pramod Kumar, Advocate
                 For the Opposite Party/s :       Mr. Ramesh Chandra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   17-04-2026                    Heard Mr. Pramod Kumar, learned counsel for the

                   petitioner and Mr. Ramesh Chandra, learned Additional Public

                   Prosecutor for the State.

                               2. The petitioner is apprehending his arrest in

                   connection with Naubatpur P.S. Case No. 732 of 2025, F.I.R.

                   dated 05.12.2025 for the offences punishable under Sections

                   8(c) and 21(B) of the NDPS Act.

                               3. Recovery is of 6.25 grams of Smack.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. He further submits that the

                   petitioner fled away from the place of occurrence and the co-

                   accused, namely, Javed Alam and Kundan Kumar were

                   apprehended by the police and from the possession of Javed

                   Alam Rs. 800/- and 6.25 gram of Smack were recovered and

                   from the possession of Kundan Kumar Rs. 400/- was recovered.
Patna High Court CR. MISC. No.22513 of 2026(2) dt.17-04-2026
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          He further submits that except the disclosure made by the

          apprehended co-accused persons, no other material has come

          during investigation which suggest the involvement of the

          petitioner in the present occurrence. He further submits that

          there is non-compliance of the mandatory provision of Sections

          42 and 50 of the N.D.P.S. Act and it appears 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

          anticipatory bail to the petitioner.

                      5.    Learned       Additional       Public   Prosecutor   has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          that the petitioner has clean antecedent, except the disclosure no

          other material has come during investigation which suggest the

          involvement of the petitioner in the present occurrence and the

          recovered contraband is less than the commercial quantity but

          more than the small quantity , let the petitioner, above named, in

          the event of his arrest or surrender before the court below within

          a period of thirty days from the date of receipt of the order, 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 the learned Sessions Judge-cum-Special Judge
            Patna High Court CR. MISC. No.22513 of 2026(2) dt.17-04-2026
                                                        3/3




                      (NDPS), Patna in connection with Naubatpur P.S. Case No. 732

                      of 2025, subject to the conditions as laid down under Section

                      438(2) of the Code of Criminal Procedure and with other

                      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 absence on two consecutive dates without sufficient

                      reason, his 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)
Vanisha/-
U      T


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