Patna High Court
Aman KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted as the seized quantity was below the commercial threshold and the petitioners had clean antecedents, so no embargo under Section 37 applied.
Summary
Aman Kumar and Indradev Sah were arrested on 1 March 2026 in a pre‑trial NDPS case for allegedly possessing 3 kg 899 g of ganja recovered from their residence. They filed a bail petition, claiming clean antecedents and that the seized quantity was below the commercial threshold, thus invoking the exception under Section 37 of the NDPS Act. The State opposed bail. The Court considered the facts, the low quantity of contraband, and the petitioners' clean records, and concluded that no embargo under Section 37 applied. Consequently, the Court granted bail on a bond of Rs 10,000 each with two sureties, subject to conditions of cooperation, presence in court, and verification of antecedents. The bail order was issued on 5 May 2026.
Issues considered
- Whether bail can be granted in an NDPS case where the seized narcotic quantity is less than the commercial quantity.
- Whether Section 37 of the NDPS Act imposes an embargo on bail in the present circumstances.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(B), 20(II)(B), 37, 8
Subjects
- bail
- NDPS Act
- narcotic drugs
- commercial quantity
- Section 37
- pre‑trial
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29806 of 2026
Arising Out of PS. Case No.-79 Year-2026 Thana- KHAIRA District- Jamui
======================================================
1. Aman Kumar S/o Indradev Sah R/o Village - Dabil, Police Station - Khaira,
District - Jamui
2. Indradev Sah S/o Late Kamal Sah R/o Village - Dabil, Police Station -
Khaira, District - Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Sinha, Advocate
For the State : Mr. Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 05-05-2026 Heard Mr. Pankaj Kumar Sinha, learned counsel for
the petitioners and Mr. Md. Mushtaque Alam, learned APP for the
State.
2. Petitioners seek bail, who are in custody since
01.03.2026, in connection with Pre-Trial (NDPS) Sl. No. 03 of
2026 arising out of Khaira P.S. Case No. 79 of 2026, F.I.R. dated
01.03.2026 registered for the offences punishable under Sections
8, 20(B), (II)(B) of N.D.P.S. Act.
3. The case relates to recovery of 3 Kgs. 899 grams of
Ganja.
4. Learned counsel for the petitioners submits that the
petitioners have clean antecedents and they have been falsely
implicated in the present case. He further submits that it appears
Patna High Court CR. MISC. No.29806 of 2026(2) dt.05-05-2026
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from the F.I.R. as well as seizure list that altogether 3 Kgs. 899
grams of Ganja was recovered from the different places of the
house of the petitioners. He further submits that 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
petitioners on bail. The petitioners are in custody since
01.03.2026.
5. Learned APP for the State, on the other hand,
vehemently opposed the prayer for bail of the petitioners.
6. Considering the facts and circumstances of the case
and the fact that the petitioners having clean antecedents and the
recovered contraband is less than the commercial quantity, let the
petitioners, above named, be released on bail on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of learned
Principal District & Sessions Judge, Jamui in connection with Pre-
Trial (NDPS) Sl. No. 03 of 2026 arising out of Khaira P.S. Case
No. 79 of 2026, subject to the following conditions :-
(1) Petitioners 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
their absence on two consecutive dates without sufficient reasons,
their bail bonds shall be cancelled by the Court below.
Patna High Court CR. MISC. No.29806 of 2026(2) dt.05-05-2026
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(2) If the petitioners tamper 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 petitioners have concealed their criminal
antecedents, the court below shall take step for cancellation of bail
bond of the petitioners. 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.
(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 petitioners have concealed their criminal
antecedents, the court below shall take step for cancellation of bail
bond of the petitioners. 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//-
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