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Patna High Court

Piyush KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to conditions, as the seized quantity did not constitute a commercial amount under Section 37 of the NDPS Act.

Summary

The petitioner, Piyush Kumar, was arrested on 3 March 2026 in connection with a case under the NDPS Act and the Bihar Prohibition and Excise Act after police recovered 2.193 kg of ganja and a bottle of illicit liquor. The prosecution alleged offences under Sections 8 and 20(b)(ii)(B) of the NDPS Act and Section 30(a) of the Bihar Prohibition and Excise Act, while the defence argued that the seized quantity was not of a commercial nature and did not attract the stringent bail restrictions of Section 37 of the NDPS Act. The petitioner’s counsel highlighted his clean antecedents and contended that the procedural requirements of the NDPS Act had not been complied with. The Additional Public Prosecutor opposed bail, emphasizing the quantity of narcotics seized. The High Court, after considering the facts, granted bail on the condition that a charge sheet be filed and the petitioner furnish a bail bond with two sureties, subject to several compliance conditions. The order directed that bail not be delayed for verification of antecedents and provided for cancellation of bail on non‑cooperation or tampering with evidence.

Issues considered

  • Whether bail can be granted in an NDPS case where the quantity of narcotic seized is not deemed commercial under Section 37 of the NDPS Act.
  • Whether the procedural requirements of the NDPS Act have been complied with to justify denial of bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • drug possession
  • commercial quantity
  • Section 37
  • Bihar Prohibition and Excise Act
  • criminal antecedent
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27214 of 2026
                        Arising Out of PS. Case No.-82 Year-2026 Thana- NADI P.S. District- Patna
                 ======================================================
                 Piyush Kumar S/O Umesh Kumar (Sudhanshu) R/O Village - Kachidargah,
                 PS - Nadi Thana, District - Patna

                                                                                     ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rakesh Singh, Advocate
                 For the Opposite Party/s :        Mr. Anil Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   21-04-2026                   Heard Mr. Rakesh Kumar Singh, learned counsel for

                   the petitioner and Mr. Anil Kumar, learned Additional Public

                   Prosecutor for the State.

                                 2. The petitioners seek bail, who are in custody since

                   03.03.2026 in connection with Nadi (Fatuha) P.S. Case No. 82

                   of 2026, for the offences punishable under Sections 8, 20(b)(ii)

                   (B) of NDPS Act and Section-30(a) of Bihar Prohibition and

                   Excise Act.

                                 3. According to prosecution case, the police

                   apprehended six persons including the petitioner and on search,

                   Ganja in small packets and one bottle of liquor were recovered.

                   It is also alleged that from the nearby shop of co-accused,

                   Kamlesh Rai, 102 puriyas weighing 2.193 kg of Ganja were

                   recovered.
Patna High Court CR. MISC. No.27214 of 2026(2) dt.21-04-2026
                                            2/3




                        4. Learned counsel for the petitioner submits that the

          petitioner is a man of clean antecedent. From perusal of the FIR,

          it appears that six persons including the petitioner, engaged in

          packing Ganja in small packets, were arrested and they

          disclosed that the Ganja belongs to the co-accused Kamlesh Rai.

          Learned counsel for the petitioner further submits that there is

          no compliance of the provisions of NDPS Act. Apart from that,

          the recovered contraband is not in commercial quantity and does

          not come under the ambit of Section-37 of the NDPS Act.

          Altogether 2.193 kgs of Ganja and one bottle of illicit liquor is

          said to have been recovered from the place of occurrence.

                        5. Learned APP for the State has vehemently

          opposed the prayer for bail of the petitioner and submits that

          2.193 kgs. of Ganja and one bottle of liquor has been recovered

          in the case.

                        6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail after filing

          of charge sheet 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/Special Judge

          (NDPS), Patna in connection with Nadi (Fatuha) P.S. Case No.

          82 of 2026, with the following conditions:
            Patna High Court CR. MISC. No.27214 of 2026(2) dt.21-04-2026
                                                        3/3




                                    i. The 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, their 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)
A.K.V.//-

U      T


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