Patna High Court
Anand SawversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted because the seized quantity was intermediate, the petitioner had a clean antecedent, and no embargo under Section 37 applied.
Summary
Anand Saw was arrested on 9 September 2025 for possession of 8.7 grams of smack, an intermediate quantity under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. He was charged under Sections 8(C), 21(b), 22(b), 29, 25 of the NDPS Act and Section 7 of the Lotteries Act, 1998. The petitioner pleaded that he has a clean antecedent and that the quantity seized does not attract the embargo provision of Section 37 of the NDPS Act, warranting bail. The Union of India and the State opposed bail, arguing that the contraband was recovered from the petitioner’s possession. The Court, after considering the facts, granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence. The order also directed verification of the petitioner’s antecedents and provided for cancellation of bail on breach of conditions.
Issues considered
- Whether bail can be granted in an NDPS case involving an intermediate quantity of narcotic without invoking the embargo under Section 37.
- Whether the petitioner’s clean antecedent and the small quantity of seized contraband justify bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 22(b), 25, 29, 37, 8(C)
Subjects
- bail
- NDPS Act
- intermediate quantity
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3226 of 2026
Arising Out of PS. Case No.-202 Year-2025 Thana- Kharagpur District- Munger
======================================================
Anand Saw S/o Arun Saw @ Arun Sah R/o - Mahadevpur, Block Colony, P.S
- Kharagpur, District - Munger
... ... Petitioner/s
Versus
1. The State of Bihar
2. Union of India
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjiv Kumar Singh, Advocate
For the Union of India : Mr. Arvind Kumar, CGC
For the State : Mr. Pawan Kumar Chaurasia, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 20-01-2026 Heard Mr. Sanjiv Kumar Singh, learned counsel for
the petitioner, Mr. Arvind Kumar, learned CGC for the Union of
India and Mr. Pawan Kumar Chaurasia, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
09.09.2025, in connection with N.D.P.S. Case No. 09 of 2025
arising out of Kharagpur P.S. Case No. 202 of 2025, F.I.R. dated
08.09.2025 registered for the offences punishable under Sections
8(C), 21(b), 22(b), 29, 25 of the N.D.P.S. and Section 7 of the
Lotteries Act, 1998.
3. The case relates to recovery of 8.7 gms. of Smack
from the possession of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely implicated
Patna High Court CR. MISC. No.3226 of 2026(2) dt.20-01-2026
2/3
in the present case. He further submits that it appears from the
F.I.R. as well as seizure list that altogether 101 Puria of Smack (28
grams) was recovered from the possession of the petitioner and
other co-accused person and 31 Puria of Smack was recovered
from the possession of the petitioner and the recovered contraband
is 8.7 grams of Smack and the same is an intermediate quantity
and hence there is no embargo under Section 37 of the N.D.P.S.
Act to enlarge the petitioner on bail. He further submits that the
police after investigation submitted chargesheet against the
petitioner and the petitioner is in custody since 09.09.2025.
5. Learned counsel for the Union of India as well as
learned Additional Public Prosecutor for the State, on the other
hand, vehemently opposed the prayer for bail of the petitioner and
submits that the recovery has been made from the possession of
the petitioner and other co-accused person.
6. Considering the facts and circumstances of the case
and the fact that the petitioner having clean antecedent 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, Munger in connection with N.D.P.S. Case No. 09 of 2025
arising out of Kharagpur P.S. Case No. 202 of 2025, subject to the
Patna High Court CR. MISC. No.3226 of 2026(2) dt.20-01-2026
3/3
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.
(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
antecedents, 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//-
U T
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