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Patna High Court

Aman KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                           3/3




                                      (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//-

U          T


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