Patna High Court
Mithilesh Kumar @ Mithlesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to bond and conditions.
Summary
Mithilesh Kumar was arrested on 13 January 2026 for alleged possession of 6 kg of ganja, while a co‑accused was found with 4 kg. The petitioner claimed a clean antecedent, argued that the mandatory provisions of Section 50 of the NDPS Act were not complied with, and that the total quantity was below the commercial threshold, negating the embargo under Section 37. He also pointed out that the co‑accused had been granted bail in a similar case. The State opposed bail. Considering the clean record, non‑compliance of Section 50, the sub‑commercial quantity, and the precedent of bail to the co‑accused, the Court granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding trial cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner under the NDPS Act given the quantity of narcotics seized and the statutory provisions.
- Whether the non‑compliance of Section 50 of the NDPS Act and the fact that the seized quantity is below commercial quantity justify bail.
- Whether the bail granted to a similarly situated co‑accused influences the decision.
Legislation cited
- Bihar Narcotic Substances Act — s. 103, 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(B)II(B), 37, 50, 8
Subjects
- bail
- NDPS Act
- possession of cannabis
- commercial quantity
- Section 50
- Section 37
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22803 of 2026
Arising Out of PS. Case No.-20 Year-2026 Thana- FATUA District- Patna
======================================================
Mithilesh Kumar @ Mithlesh Kumar Son of Devendra Saw Resident of
Budda, P.S.- Athmalgola, District- Patna
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ghanshyam Tiwary, Advocate
For the State : Mr. Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 10-04-2026 Heard Mr. Ghanshyam Tiwary, learned counsel for
the petitioner and Mr. Md. Mushtaque Alam , learned APP for
the State.
2. Petitioner seeks bail, who is in custody since
13.01.2026, in connection with Fatuha P.S. Case No. 20 of
2026, F.I.R. dated 12.01.2026 registered for the offences
punishable under Sections 8/20(B)II(B) of N.D.P.S. Act.
3. Allegation against the petitioner is that 06 Kgs. of
Ganja has been recovered from a back pack carried by the
petitioner and 04 Kgs. Of Ganja from a jhola carried by co-
accused Ajit Kumar, total 10 Kgs.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
implicated in the present case. It appears from the F.I.R. as
Patna High Court CR. MISC. No.22803 of 2026(2) dt.10-04-2026
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seizure list that altogether 10 Kgs. of ganja was recovered, 06
Kgs. of ganja was recovered from the possession of the
petitioner and 04 Kgs. of ganja was recovered from other co-
accused person. He further submits that there is non compliance
of mandatory provision of Section 50 of the N.D.P.S. Act and
also there is non complaince of Sections 103/105 of the
B.N.S.S. and the recovered contraband 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. He further
submits that co-accused person Ajit Kumar from whose
possession 04 Kgs. Of ganja was recovered has been granted
bail by this Court vide order dated 26.03.2026 passed in Cr.
Misc. No. 20489 of 2026. The petitioner is in custody since
13.01.2026.
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 there
is non compliance of mandatory provision of Section 50 of the
N.D.P.S. Act and the recovered contraband is less than the
commercial quantity and similarly situated co-accused person
has been granted bail by this Court, let the petitioner, above
Patna High Court CR. MISC. No.22803 of 2026(2) dt.10-04-2026
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named, be released on bail on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned District & Sessioins
Judge cum Special Judge, N.D.P.S. Act, Patna in connection
with Fatuha P.S. Case No. 20 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 petitioners 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.
Patna High Court CR. MISC. No.22803 of 2026(2) dt.10-04-2026
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(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.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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