Patna High Court
Jonsan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted as no embargo under Section 37 of the NDPS Act applied.
Summary
Jonsan Kumar was arrested on 28-08-2025 in connection with an FIR under Sections 8(c) and 21(b) of the NDNDPS Act after a search recovered 205.55 g of smack, a mobile phone and Rs.750. The petitioner pleaded clean antecedents and argued that the seized quantity was below commercial quantity and that mandatory provisions of Section 50 of the NDPS Act and Section 105 of the BNSS, 2023 were not complied with, thus no embargo under Section 37 of the NDPS Act should apply. The State opposed bail. The Court examined the facts, noted the absence of commercial quantity and non‑compliance of the statutory provisions, and held that the embargo did not arise. Consequently, the Court granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding trial attendance, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail can be granted in an NDPS case where the seized contraband is less than commercial quantity.
- Whether the non‑compliance of Section 50 of the NDPS Act and Section 105 of the BNSS, 2023 bars bail.
- Whether Section 37 of the NDPS Act imposes an embargo on bail in the present circumstances.
Legislation cited
- BNSS, 2023 — s. 105
- NDPS Act — s. 21(b), 37, 50, 8(c)
Subjects
- NDPS
- bail
- contraband
- commercial quantity
- Section 37
- Section 50
- Section 105
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3284 of 2026
Arising Out of PS. Case No.-295 Year-2025 Thana- Marnga District- Purnia
======================================================
Jonsan Kumar Son of Pappu Kumar Mehta Resident of Vampanagar, P.S.-
Jaimangla, District - Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar Singh, Advocate
For the Opposite Party/s : Mr.Nagendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 21-01-2026 Heard Mr.Manoj Kumar Singh, learned counsel for
the petitioner and Mr.Nagendra Prasad, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
28.08.2025, in connection with Maranga P.S. Case No. 295 of
2025, FIR dated 28.08.2025 registered for the offence
punishable under Section 8(c) and 21(b)of N.D.P.S.Act.
3. During search, 205.55 Gm. of Smack was
recovered from possession of the petitioner.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. The allegation
as alleged in the FIR is false and fabricated and the petitioner
has not committed any offence as alleged in the FIR. Although
205.55 Gm. of Smack, one mobile phone and Rs.750/- were
Patna High Court CR. MISC. No.3284 of 2026(2) dt.21-01-2026
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recovered from possession of the petitioner but there is non-
compliance of Section 50 of the NDPS Act and Section 105 of
the BNSS, 2023 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 28.08.2025.
5. Learned A.P.P. for the State, on the other hand, has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts, petitioner has clean
antecedent, there is non-compliance of the mandatory provisions
of NDPS Act as well as BNSS and 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/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Special Judge, (NDPS), Purnea in
connection with Maranga P.S. Case No. 295 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
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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
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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