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Patna High Court

Vikash Kumar SinghversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

Bail was denied because the court was not convinced that the petitioner was uninvolved or unlikely to reoffend, and the commercial quantity triggered the embargo under Section 37 of the NDPS Act.

Summary

Vikash Kumar Singh was arrested on 1 October 2025 in connection with a case involving the recovery of 652 grams of brown sugar, alleged to be a narcotic under Sections 21(c) and 22(c) of the NDPS Act. He applied for bail, claiming a clean record and that the FIR was fabricated, while the State argued that the quantity exceeded the commercial limit, invoking an embargo under Section 37 of the NDPS Act. The court examined the Supreme Court precedents on bail in NDPS cases involving commercial quantities. It found no material to show that the petitioner lacked knowledge of the narcotic or would not reoffend if released. Consequently, the court refused bail, holding that the statutory embargo applied. The petition for bail was dismissed.

Issues considered

  • Whether bail can be granted when the alleged narcotic quantity exceeds the commercial limit under Section 37 of the NDPS Act.
  • Whether the petitioner has demonstrated that he is not likely to commit a similar offence if released.
  • Whether procedural requirements of the NDPS Act were complied with in the FIR and recovery.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • commercial quantity
  • Section 37
  • narcotics
  • brown sugar
  • presumption of guilt
  • embargo

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3620 of 2026
                       Arising Out of PS. Case No.-242 Year-2025 Thana- Rangara District- Bhagalpur
                 ======================================================
                 Vikash Kumar Singh S/o Sudhir Singh @ Sudhir Kumar Singh R/o vill -
                 Madrouni, P.S.- Rangra, Distt.- Bhagalpur

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ajit Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Tarun Prasad Mandal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   09-04-2026                    Heard Mr. Ajit Kumar Singh, learned counsel for the

                   petitioner and Mr. Tarun Prasad Mandal, learned APP for the

                   State.

                                 2.    Petitioner seeks bail who is in custody since

                   01.10.2025 in connection with Rangra P.S. Case No. 242 of

                   2025 for the offences punishable under Sections 21(c) and

                   22(c) of the N.D.P.S. Act.

                                  3. The case relates to recovery of 652 Grams of

                   Brown Sugar.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. He further submits that the

                   allegation as alleged in the F.I.R. is false and fabricated and the

                   petitioner has not committed any offence as alleged in the F.I.R.
Patna High Court CR. MISC. No.3620 of 2026(3) dt.09-04-2026
                                            2/3




          He further submits that from perusal of the F.I.R. it appears that

          652 Grams of Brown Sugar was recovered from the accused

          persons and there is non compliance of mandatory provisions of

          N.D.P.S. Act and co-accused person has been granted bail by the

          learned Court below itself.

                         5.    Learned Additional Public Prosecutor, on the

          other hand, vehemently opposed the prayer for bail of the

          petitioner and submits that from perusal of the F.I.R. it appears

          that altogether 652 grams of Brown Sugar was recovered from

          the accused persons and the recovered contraband is more than

          the commercial quantity, so there is embargo under Section 37

          of the N.D.P.S. Act.

                      6. The grant of bail in NDPS cases where the recovery

          of commercial quantity of narcotic is alleged is circumscribed

          under Narcotic Drugs and Psychotropic Substance Act, 1985,

          Section 37 which says that before grant of bail, the Court must

          have reason to believe that petitioner has not committed the

          offence and in the event of release he would not commit similar

          offence.

                       7. The issue was considered by the Hon’ble Supreme

          Court in the case of State of Kerala and Ors. Vs. Rajesh and

          Ors. reported in (2020) 12 SCC, 122 as well as in the case of
               Patna High Court CR. MISC. No.3620 of 2026(3) dt.09-04-2026
                                                           3/3




                         Narcotic Control Bureau Vs. Mohit Aggarwal reported in

                         AIR 2022 SC 3444 and Union of India vs. Ajay Kumar Singh

                         @ Pappu reported in 2023 SCC OnLine SC 3456 dated

                         28.03.2023.

                                     8. The recovery of huge quantity of Brown Sugar

                         recovered        would not justify that the petitioner had no

                         knowledge of the narcotic nor there is any material to

                         substantiate that the petitioner would not commit such offence

                         in the event of release.

                                     9. Hence, I am not inclined to enlarge the petitioner

                         on bail in connection with Rangra P.S. Case No. 242 of 2025,

                         pending in the Court of learned Principal Sessions Judge,

                         Bhagalpur.

                                      10. Prayer is refused.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T


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