Patna High Court
Anil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner, holding that the quantity was below commercial threshold and mandatory provisions were not complied with, so Section 37 embargo did not apply.
Summary
Anil Kumar was arrested on 11 February 2026 in connection with a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act for alleged possession of 4 kg of ganja. The petitioner claimed innocence, argued that the seized quantity was below the commercial threshold and that mandatory provisions of the NDPS Act were not complied with, thus precluding the application of Section 37’s embargo on bail. The State opposed bail, noting a pending case against the petitioner and asserting that he was already on bail in that matter. The High Court examined the facts, noted the non‑compliance and the sub‑commercial quantity, and held that the embargo did not apply. Consequently, the Court granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding trial cooperation, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail can be granted under the NDPS Act when the seized narcotic quantity is less than commercial quantity.
- Whether Section 37 of the NDPS Act imposes an embargo on bail in the present circumstances.
- Whether the existence of another pending case affects the grant of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(B), 37, 8
Subjects
- NDPS Act
- bail
- narcotic drugs
- commercial quantity
- Section 37
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30782 of 2026
Arising Out of PS. Case No.-56 Year-2026 Thana- MAJORGANJ District- Sitamarhi
======================================================
Anil Kumar S/o Rajnandan Ray R/o Village - Kararwana Koriyahi, PS -
Sursand, District - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ritesh Kumar Narain Singh, Advocate
For the State : Mr. Nagendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-05-2026 Heard Mr. Ritesh Kumar Narain Singh, learned
counsel for the petitioner and Mr. Nagendra Prasad, learned APP
for the State.
2. Petitioner seeks bail, who is in custody since
11.02.2026, in connection with Majorganj P.S. Case No. 56 of
2026, F.I.R. dated 10.02.2026 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 04 Kgs. of Ganja.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. He further submits that it appears from the F.I.R. as
well as seizure list that altogether 04 Kgs. Of Ganja like substance
was recovered from the bag of the petitioner. He further submits
that there is non compliance of mandatory provisions of N.D.P.S.
Patna High Court CR. MISC. No.30782 of 2026(2) dt.06-05-2026
2/3
Act and apart from the aforesaid 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 petitioner on bail.
The petitioner is in custody since 11.02.2026.
5. Learned APP for the State, on the other hand,
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner carries one more case other than the
present one but fairly submits on the basis of paragraph-3 of the
bail petition that the petitioner is on bail in the pending matter.
6. Considering the facts and circumstances of the case
and the fact that there is non compliance of mandatory provisions
of N.D.P.S. Act and the recovered contraband is less than the
commercial quantity, let the petitioner, above named, be released
on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Sessions Judge-cum-Special Judge (NDPS
Act), Sitamarhi in connection with Majorganj P.S. Case No. 56 of
2026, subject to the following conditions :-
(1) 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, his
bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.30782 of 2026(2) dt.06-05-2026
3/3
(2) If the petitioner tampers 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 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.
(3) 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)
Ibrar//-
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