Patna High Court
Abhishek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted as the seized quantity was below commercial quantity, no embargo under Section 37 applied, and the petitioner had a clean antecedent.
Summary
The petitioner, Abhishek Kumar, was arrested on 8 September 2025 for alleged offences under Sections 8(c) and 21(b) of the NDPS Act and Section 7 of the Lottery Act, with 28 grams of smack seized from his possession. He pleaded that he has a clean antecedent and that the quantity seized is far below the commercial quantity, thus no embargo under Section 37 of the NDPS Act applies. The prosecution opposed bail, arguing the recovery was from the petitioner’s possession. The Court noted that the co‑accused, Anand Saw, had already been granted bail, the seized amount was minimal, and the petitioner had no prior record. Accordingly, the Court ordered bail on a Rs.10,000 bond with two sureties and imposed conditions for appearance, non‑tampering with evidence, and verification of antecedents. The bail order was made subject to cancellation if conditions are breached.
Issues considered
- Whether bail can be granted when the quantity of narcotic seized is less than the commercial quantity under the NDPS Act.
- Whether Section 37 of the NDPS Act imposes an embargo on bail in this case.
- Whether the grant of bail to a co‑accused influences the bail application of the petitioner.
- Whether the petitioner’s clean antecedent warrants the grant of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 37, 8(c)
Subjects
- bail
- NDPS Act
- drug quantity
- clean antecedent
- Lottery Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3570 of 2026
Arising Out of PS. Case No.-202 Year-2025 Thana- Kharagpur District- Munger
======================================================
Abhishek Kumar Son of Manoj Mandal R/o Vill.- Mahadeopur, P.S.
-Kharagpur, Distt. -Munger.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar Pandey, Advocate
For the Opposite Party/s : Mr.Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 21-01-2026 Heard Mr.Manoj Kumar Pandey, learned counsel for
the petitioner and Mr.Rana Randhir Singh, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
08.09.2025, 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), of the N.D.P.S. and Section 7 of the
Lottery Act.
3. Recovery is of 28 Gms. of Smack.
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 altogether 101
Patna High Court CR. MISC. No.3570 of 2026(2) dt.21-01-2026
2/3
Puria of Smack (28 grams) was recovered from the possession
of the petitioner and other co-accused person and the recovered
contraband is 28 Gms. of Smack 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 co-accused person, namely,
Anand Saw has been granted bail by this Court vide order dated
20.01.2026 passed in Cr. Misc. No.3226 of 2026, police after
investigation submitted chargesheet against the petitioner and
the petitioner is in custody since 08.09.2025.
5. 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,
recovered contraband is less than the commercial quantity and
co-accused person, namely, Anand Saw has been granted bail by
this Court, 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
Patna High Court CR. MISC. No.3570 of 2026(2) dt.21-01-2026
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of 2025, 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
witness, 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 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)
Nitesh/-
U T
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