Patna High Court
Amar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner with conditions, finding no embargo under Section 37 NDPS Act.
Summary
Amar Kumar was arrested on 22 October 2025 in connection with a case involving possession of narcotic substances and illegal arms. The FIR alleged offences under the Bihar Narcotic Substances Act, the NDPS Act and the Arms Act, with seizures of 7.60 g of smack from the petitioner and additional contraband from co‑accused. The petitioner sought bail, arguing that the quantity seized was below commercial quantity and therefore not subject to the embargo provision of Section 37 NDPS Act. The State opposed bail, citing the petitioner’s other pending cases and the seriousness of the offences. The Court held that bail could be granted, directing the petitioner to furnish a Rs 10,000 bond with two sureties and imposing conditions regarding trial attendance, non‑tampering with evidence and disclosure of criminal antecedents. The bail was ordered to be released subject to these conditions.
Issues considered
- Whether the embargo under Section 37 of the NDPS Act applies when the seized narcotic quantity is less than commercial but more than small quantity.
- Whether the petitioner’s other pending criminal cases preclude the grant of bail.
- Whether the nature of the offences under the NDPS and Arms Acts justifies denial of bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Bihar Narcotic Substances Act — s. 317(2), 317(5), 3(5)
- Narcotic Drugs and Psychotropic Substances Act — s. 21, 37, 8(c)
Subjects
- bail
- NDPS Act
- narcotics
- arms possession
- commercial quantity
- embargo
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27990 of 2026
Arising Out of PS. Case No.-299 Year-2025 Thana- KARJA District- Muzaffarpur
======================================================
Amar Kumar Son of Birendra Sahani @ Virendr Sahani Resident of Village -
Chhapra Manortha, P.S.- Kanti, District - Muzaffarpur (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Santosh Kumar, Advocate
For the Opposite Party/s : Mr.Zainul Abedin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 27-04-2026 Heard Mr.Santosh Kumar, learned counsel for the
petitioner and Mr.Zainul Abedin, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
22.10.2025 in connection with Karja P.S. Case No. 299 of 2025,
F.I.R. dated 21.10.2025 registered for the offence punishable
under Sections 317(2),317(5),3(5) of BNS and Sections 8(c)
and 21 of the N.D.P.S.Act and Sections 25(1-B) (a), 26,35 of
the Arms Act.
3. Recovery is of 7.60 Gm of Smack from possession
of the petitioner, 6.84 Gms of Smack from possession of co-
accused person, namely, Sajid and a country made pistol with
one live cartridge, 10.652 Gms of Smack and a Realme
Smartphone from possession of co-accused person, namely,
Karan Kumar.
Patna High Court CR. MISC. No.27990 of 2026(2) dt.27-04-2026
2/3
4. Learned counsel appearing for the petitioner
submits that the arms has been recovered from possession of co-
accused person, namely, Karan Kumar and from possession of
the petitioner, 7.60 Gm of Smack like substance was recovered
from the pocket of the petitioner. Learned counsel for the
petitioner submits that there is non-compliance of the mandatory
provisions of the NDPS Act and the recovered contraband is less
than the commercial quantity and more than the small quantity.
Hence, there is no embargo under Section 37 of the N.D.P.S.Act
for grant of bail to the petitioner and the police, after
investigation, submitted chargesheet against the petitioner and
the petitioner is in custody since 22.10.2025.
5. Learned A.P.P. for the State, on the other hand, has
vehemently opposed the prayer for bail of the petitioner and
submits that the recovered contraband is less than the
commercial quantity, apart from that, the seizure list witnesses
are police personnel. Further submits that the petitioner carries
four more cases other than the present one, as mentioned in
para-3 of the bail petition.
6. Considering the aforesaid facts, let the petitioner,
above named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.27990 of 2026(2) dt.27-04-2026
3/3
each to the satisfaction of learned Special Judge, Exclusive
Special Court-1 (NDPS), Muzaffarpur in connection with Karja
P.S. Case No. 299 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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