Patna High Court
Golu Kumar @ Saurav KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a bond of Rs 10,000 and conditions.
Summary
The petitioner Golu Kumar was arrested on 15 February 2026 in connection with a case under the NDPS Act for alleged possession of 4.10 g of brown sugar, part of a total seizure of 9.30 g. He pleaded that he has no prior criminal record and that the quantity seized is below the commercial threshold, so Section 37 of the NDPS Act does not impose an embargo on bail. He also pointed out that a co‑accused, Sunny Kumar, had been granted bail in a similar case. The prosecution opposed bail. The Court, considering the clean antecedent, the sub‑commercial quantity and the precedent of bail to the co‑accused, ordered bail on a bond of Rs 10,000 with two sureties and imposed standard conditions.
Issues considered
- Whether bail can be granted under the NDPS Act when the seized quantity is less than the commercial quantity and no embargo under Section 37 applies.
- Whether the petitioner’s clean antecedent and the grant of bail to a co‑accused justify bail in this case.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 37, 8(c)
Subjects
- bail
- NDPS Act
- Section 37
- commercial quantity
- clean antecedent
- brown sugar
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35131 of 2026
Arising Out of PS. Case No.-65 Year-2026 Thana- KAHALGAON District- Bhagalpur
======================================================
Golu Kumar @ Saurav Kumar S/O Sanjay Yadav @ Sanjay Kumar Yadav
R/O Village- Ward No. 12, Chaudhary Tola, Kahalgaon, P.S.- Kahalgaon,
Distt.- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pravin Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Md. Aslam Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 08-07-2026 Heard Mr. Pravin Kumar Sinha, learned counsel for
the petitioner and Md. Aslam Ansari, learned Additional Public
Prosecutor for the State.
2. 2. Petitioner seeks bail, who is in custody since
15.02.2026, in connection with Kahalgaon P.S. Case No. 65 of
2026, F.I.R. dated 14.02.2026 registered for the offences
punishable under Sections 8(c), 21(b) of N.D.P.S. Act.
3. The case relates to recovery of 9.30 grams of Brown
Sugar.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent 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 there is non
Patna High Court CR. MISC. No.35131 of 2026(3) dt.08-07-2026
2/3
compliance of mandatory provisions of N.D.P.S. Act and it also
appears from the F.I.R. as well as seizure list that altogether 9.30
grams of Brown Sugar was recovered. From possession of co-
accused, Sunny Kumar @ Sanni Kumar 5.20 grams of Brown
Sugar and from possession of this petitioner 4.10 grams of
Brown Sugar was recovered. Learned counsel for the petitioner
further submits that 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. He next
submits that similarly situated co-accused person, namely,
Sunny Kumar @ Sanni Kumar has been granted the privilege of
bail by this Court vide order dated 16.06.2026 in Cr. Misc. No.
37397 of 2026. He further submits that the police after
investigation submitted chargesheet against the petitioner and
the petitioner is in custody since 15.02.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
and the petitioner has clean antecedent and that 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/- (Ten Thousand) with two sureties of the
Patna High Court CR. MISC. No.35131 of 2026(3) dt.08-07-2026
3/3
like amount each to the satisfaction of the learned ADJ,
Bhagalpur in connection with Kahalgaon P.S. Case No. 65 of
2026, subject to 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 absence on two consecutive dates without sufficient
reason, his 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)
Suruchi/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.