Patna High Court
Sarwan Kumar @ Dablu SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner subject to a bond and conditions.
Summary
The petitioner, Sarwan Kumar, was arrested in connection with a case involving the alleged possession of 1.83 litres of foreign liquor and 14 grams of brown sugar recovered from his joint family house. He was charged under Sections 8A(c) and 21(b) of the NDPS Act and Sections 30(a) and 37 of the Bihar Prohibition and Excise Act. The petitioner argued that he was falsely implicated, no incriminating material was found on his person, and the seized contraband was below commercial quantity, making Section 37 of the NDPS Act inapplicable. The State opposed bail, but the court noted the low quantity, lack of material possession, and the petitioner’s custody period, and therefore granted bail with a bond of Rs. 15,000 and two sureties, subject to conditions of family surety and regular court appearances. The bail order was issued pending framing of charges, if not already done.
Issues considered
- What is the applicability of Section 37 of the NDPS Act given the quantity of contraband recovered?
- Whether the petitioner’s lack of direct possession and the recovery from a joint house justify granting bail?
- Whether the non‑compliance of Sections 42 and 50 of the NDPS Act affects the bail decision?
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 37, 42, 50, 8A(c)
Subjects
- bail
- NDPS Act
- Bihar Prohibition and Excise Act
- commercial quantity
- contraband
- criminal antecedents
- joint family house
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31 of 2026
Arising Out of PS. Case No.-509 Year-2025 Thana- JHAJHA District- Jamui
======================================================
Sarwan Kumar @ Dablu Sharma S/o Sukhdeo Sharma @ Sukhdeo Sharma
R/o Village- Helajot Chhoti Chandwari, P.S- Jhajha, Distt.- Jamui.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanju Singh, Advocate
For the Opposite Party/s : Mr. Uday Chand Prasad APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioner and learned
APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with Jhajha
P.S. Case No. 509 of 2025 instituted for the offences under
Sections 8A(c), 21(b) of the N.D.P.S. Act and Sections 30(a),
37 of the Bihar Prohibition and Excise Act.
3. Prosecution case, in short, is that 1.83 litres of
foreign liquor and 14 grams of brown sugar has been recovered
in this case.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Charge-sheet has been submitted in this case. Petitioner is in
custody since 26.10.2025 and has six criminal antecedents.
Patna High Court CR. MISC. No.31 of 2026(3) dt.20-02-2026
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There is no allegation of tampering of witnesses alleged against
the petitioner. No incriminating material has been recovered
from the conscious possession of the petitioner. Petitioner has
no concern with the alleged recovery. Learned counsel further
submitted that the alleged recovery has been made from the
joint house of the petitioner where other family members also
reside. The recovered contraband is below commercial quantity,
and hence, Section 37 of the N.D.P.S. Act is not applicable in
the present case. There is no compliance of Sections 42 and 50
of the N.D.P.S. Act.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, recovered contraband being less than the
commercial quantity as also the period of custody undergone by
the petitioner, this Court is inclined to grant bail to the
petitioner.
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of
the like amount each to the satisfaction of Court
below/concerned Court in connection with Jhajha P.S. Case No.
Patna High Court CR. MISC. No.31 of 2026(3) dt.20-02-2026
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509 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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