Patna High Court
Aman KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted as the seized quantity was below commercial limits and procedural requirements under the NDPS Act were not met, despite the petitioner’s antecedent.
Summary
Aman Kumar was arrested on 26 September 2025 in connection with a Special NDPS case for allegedly possessing 49 bottles of 100 ml Codeine Phosphate & Triprolidine HCL syrup. The petitioner claimed innocence, arguing that the seized quantity was below the commercial threshold and that the police had not complied with the mandatory provisions of Sections 42 and 50 of the NDPS Act, thereby negating the embargo under Section 37. The prosecution opposed bail, citing the petitioner’s prior criminal antecedent, though noting he was already on bail in another matter. The court examined the facts, noted the contraband was indeed less than commercial quantity and procedural lapses existed, and held that these factors outweighed the antecedent. Consequently, the court granted bail on a bond of Rs 10,000 with two sureties, subject to conditions regarding cooperation, presence, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail can be granted in an NDPS case when the seized contraband is less than the commercial quantity.
- Whether non‑compliance with Sections 42 and 50 of the NDPS Act precludes the imposition of an embargo under Section 37.
- Whether a prior criminal antecedent bars the grant of bail in an NDPS offence.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(c), 37, 42, 50, 8(c)
Subjects
- NDPS Act
- bail
- commercial quantity
- drug seizure
- procedural lapse
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3676 of 2026
Arising Out of PS. Case No.-233 Year-2025 Thana- KRITYANAND NAGAR District-
Purnia
======================================================
Aman Kumar Son of Sri Naresh Yadav Resident of Village - Garhiya Balua
Bishanpur, P.S. - K. Nagar, Dist. - Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Kumar Anand, Advocate
For the Opposite Party/s : Mr. Umanath Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 27-01-2026 Heard Mr. Amit Kumar Anand, learned counsel for
the petitioner and Mr. Umanath Mishra, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
26.09.2025 in connection with Special (NDPS) Case No. 270 of
2025 arising out of K. Nagar P.S. Case No. 233 of 2025, F.I.R.
dated 25.09.2025 for the offences punishable under Sections
8(c) and 21(c) of the N.D.P.S. Act.
3. Recovery is of 49 bottles each of 100 ml Codeine
Phosphate & Triprolidine HCL Syrup.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that it appears from the F.I.R.
as well as seizure list that 49 bottles each of 100 ml Codeine
Patna High Court CR. MISC. No.3676 of 2026(2) dt.27-01-2026
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Phosphate & Triprolidine HCL Syrup have been recovered from
the motorcycle in question and the petitioner was apprehended
along with other accused person, namely, Pradeep Kumar. He
further submits that there is non-compliance of the mandatory
provision of Sections 42 and 50 of the N.D.P.S. Act and it
appears that the 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. He
further submits that the police after investigation submitted the
charge sheet against the petitioner. The petitioner is in custody
since 26.09.2025.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that the petitioner carries one criminal antecedent other
than the present one but fairly submits that he is on bail in the
pending matter.
6. Considering the aforesaid facts and circumstances
and the fact 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 like amount each to the
satisfaction of the learned District & Additional Sessions Judge-
Patna High Court CR. MISC. No.3676 of 2026(2) dt.27-01-2026
3/3
II-cum-Special Judge (NDPS Act), Purnea in connection with
Special (NDPS) Case No. 270 of 2025 arising out of K. Nagar
P.S. Case No. 233 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
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)
Vanisha/-
U T
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