Patna High Court
Bittu PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner, subject to a bond and specified conditions, finding no embargo under Section 37 of the NDPS Act.
Summary
Bittu Paswan was arrested on 10 October 2025 in connection with an NDPS case (Case No. 74 of 2025) after a search recovered 50 grams of a wet smokelike substance from co‑accused Raja Kumar, but no contraband was found on Paswan. Paswan filed a bail petition, arguing that the seized quantity was below the commercial threshold and that no incriminating article was recovered from his possession, thus no embargo under Section 37 of the NDPS Act applied. The State opposed bail, noting Paswan’s involvement in the same seizure and his two other pending cases, though he was already on bail in those matters. The Court examined the facts, the statutory provisions, and the lack of direct evidence against Paswan, and concluded that bail could be granted with a bond of Rs.10,000 and two sureties, subject to conditions regarding trial cooperation, non‑tampering with evidence, and verification of criminal antecedents. Accordingly, the petition was disposed in Paswan’s favour, and he was released on bail pending trial.
Issues considered
- Whether bail can be granted to an accused under the NDPS Act when the seized narcotic quantity is below commercial quantity and no contraband is found on the accused’s person.
- Whether Section 37 of the NDPS Act imposes an embargo on bail in the present circumstances.
- Whether the accused’s prior cases and bail status affect the grant of bail in the current NDPS case.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 37, 8(c)
Subjects
- bail
- NDPS Act
- commercial quantity
- Section 37
- narcotics
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3278 of 2026
Arising Out of PS. Case No.-296 Year-2025 Thana- SAHEBPUR KAMAL District-
Begusarai
======================================================
Bittu Paswan S/O Subhash Paswan @ Subhash Chandra Prasad R/o -
Mungraura Jamalpur, Ward No.05, P.S - East Colony, District - Munger.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Yogesh Kumar, Advocate
For the Opposite Party/s : Mr.Kumar Veerendra Narayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 21-01-2026 Heard Mr.Yogesh Kumar,learned counsel for the
petitioner and Mr.Kumar Veerendra Narayan, learned A.P.P.
for the State.
2. The petitioner seeks bail, who is in custody since
10.10.2025, in connection with NDPS Case No. 74 of 2025
arising out of Sahebpur Kamal P.S. Case No. 296 of 2025,
FIR dated 09.10.2025 registered for the offence punishable
under Sections 8(c)/21(b)of N.D.P.S.Act and Section 111 of
BNS, 2023.
3. During search, 50 grams of wet smack like
substance was recovered from Raja Kumar alongwith mobile
phones from all three accused persons.
4. Learned counsel appearing for the petitioner
Patna High Court CR. MISC. No.3278 of 2026(2) dt.21-01-2026
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submits that although the petitioner is named in the FIR and
he was apprehended alongwith other co-accused persons but it
appears from the FIR as well as the seizure list that no
incriminating article has been recovered from possession of
the petitioner. It appears from the seizure list that contraband
has been recovered from possession of co-accused person,
namely, Raja Kumar and recovered contraband is less than the
commercial quantity. Hence, there is no embargo under
Section 37 of the N.D.P.S.Act for grant of bail to the
petitioner and the police, after investigation, submitted
chargesheet against the petitioner and the petitioner is in
custody since 10.10.2025.
5. Learned A.P.P. for the State, on the other hand,
has vehemently opposed the prayer for bail of the petitioner
and submits that the petitioner was apprehended alongwith
other co-accused persons with the contraband, apart from the
aforesaid, the petitioner carries two more cases other than the
present one but fairly submits that the petitioner is on bail in
both the cases, as mentioned in para-3 of the bail petition.
6. Considering the aforesaid facts, recovered
contraband is less than the commercial quantity and recovery
has been made from possession of co-accused person, namely,
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Raja Kumar, let the petitioner, above named, be released on
bail on furnishing bail bond of Rs.10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned District and Additional Sessions Judge-1st -cum-
Special Judge, NDPS Act and P.O. of Children Court in
connection with NDPS Case No. 74 of 2025 arising out of
Sahebpur Kamal P.S. Case No. 296 of 2025, with the
following conditions:-
(I) 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/her absence on two consecutive dates
without sufficient reason, his/her bail bond shall be cancelled
by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
(III) 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
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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)
Nitesh/-
U T
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