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Patna High Court

Sunil KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
             Patna High Court CR. MISC. No.26472 of 2026(2) dt.21-04-2026
                                                         3/3




                       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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