Patna High Court
Sunil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner, finding procedural deficiencies in the seizure and that the quantity seized did not attract an embargo under Section 37 of the NDPS Act.
Summary
The petitioner, Sunil Kumar, was arrested on 4 March 2026 in connection with a case involving alleged possession of 14 kg of ganja, alleged under Sections 20 and 22 of the NDPS Act. He claimed a clean antecedent and argued that the seizure list was non‑compliant with Sections 103 and 105 of the BNSS, 2023, as no family members signed it and the witnesses were police personnel. The State opposed bail, citing the seriousness of the offence. The Court noted the procedural lapses in the seizure list and the fact that the quantity seized from the petitioner was below the commercial threshold, thereby negating the embargo under Section 37 of the NDPS Act. Consequently, the Court granted bail on a bond of Rs.10,000 with two sureties and imposed standard conditions for cooperation and non‑tampering.
Issues considered
- Whether bail should be granted to the petitioner despite the alleged possession of 14 kg of ganja under the NDPS Act.
- Whether the alleged non‑compliance with Sections 103 and 105 of the BNSS, 2023, in the seizure process warrants bail.
- Whether the quantity of ganja seized from the petitioner triggers the embargo provision under Section 37 of the NDPS Act.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20, 22, 37
Subjects
- bail
- NDPS Act
- narcotic drugs
- seizure procedure
- BNSS 2023
- clean antecedent
- commercial quantity
- Section 37
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26472 of 2026
Arising Out of PS. Case No.-48 Year-2025 Thana- GHOSI District- Jehanabad
======================================================
Sunil Kumar S/o Lalkeshwar Yadav Resident of village-Belai, Tola,
Chhatubigha, P.S-Ghosi, District-Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jogendra Kumar, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 21-04-2026 Heard Mr.Jogendra Kumar, learned counsel for the
petitioner and Mr.Sanjay Kumar Tiwary, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
04.03.2026 in connection with Ghosi P.S. Case No. 48 of 2025,
F.I.R. dated 28.01.2025 registered for the offence punishable
under Section Sections 20 and 22 of N.D.P.S.Act.
3. Recovery is of 03 Green Plants of Ganja about 14
Kg.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. The allegation
as alleged in the FIR is false and fabricated and the petitioner
has not committed any offence as alleged in the FIR. Further
submits that as per allegation in the FIR, recovery has been
made from the house of the petitioner. It appears from the
Patna High Court CR. MISC. No.26472 of 2026(2) dt.21-04-2026
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seizure list that three Green Plants of Ganaja approximately 14
Kg of Ganja was recovered from the house of the petiitoner and
the entire village 108 Kag of Ganja Plants were recovered from
the house of 08 accused persons including the petitioner.
Learned counsel for the petitioner submits that the recovered
contraband(Ganja) which was recovered from the house of the
petitioner i.e. 14 Kg of Ganja which 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, apart from that, it
appears from the seizure list that none of the family members of
the petitioner has signed in the seizure list and it appears from
the seizure list that the seizure list witnesses are police
personnel so there is non-compliance of Sections 103 and 105 of
BNSS, 2023 and the petitioner is in custody since 04.03.2026.
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, no one of the family members of the petitioner has
signed in the seizure list and seizure list witnesses are police
personnel so there is non-compliance of Sections 103 and 105 of
BNSS, 2023, let the petitioner, above named, be released on
bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with
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two sureties of the like amount each to the satisfaction of
learned Sessions Judge, Jehanabad in connection with Ghosi
P.S. Case No. 48 of 2025, 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.
(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
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