Patna High Court
SUNNY KUMAR @ SANNI KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted as the quantity was small, mandatory provisions of the NDPS Act were not complied with, and Section 37 embargo did not apply.
Summary
Sunny Kumar was arrested on 15 February 2026 in connection with a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act for alleged possession of 5.20 grams of brown sugar, while a co‑accused possessed 4.10 grams, totaling 9.30 grams. The petitioner claimed innocence, argued that the seized quantity was small and that the police had not complied with mandatory provisions of the NDPS Act, contending that Section 37’s embargo on bail did not apply. The State opposed bail, noting a pending case against the petitioner. The Court examined the facts, the small quantity involved, and the procedural lapses, and concluded that bail could be granted. Accordingly, the petitioner was released on bail upon furnishing a Rs.10,000 bond with two sureties and subject to conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail can be granted under the NDPS Act for a small quantity of narcotics when mandatory procedural provisions are not complied with.
- Whether Section 37 of the NDPS Act imposes an embargo on bail in the present facts.
- Whether the existence of another pending case against the petitioner precludes bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 21(b), 37, 8(c)
Subjects
- bail
- NDPS Act
- small quantity
- mandatory provisions
- Section 37
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37397 of 2026
Arising Out of PS. Case No.-65 Year-2026 Thana- KAHALGAON District- Bhagalpur
======================================================
SUNNY KUMAR @ SANNI KUMAR Son of Ghanshyam Sah Resident of
village - Ward No. 13, Chaudhary Tola, Kahalgaon, P.S.- Kahalgaon, District -
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
2 16-06-2026 Heard Mr. Pravin Kumar Sinha, learned counsel for
the petitioner and Mr. Md. Aslam Ansari, learned APP for the
State.
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 is innocent 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 compliance of mandatory
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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 the petitioner 5.20 grams of
Brown Sugar and from possession of co-accused person,
namely, Golu Kumar @ Saurav Kumar 4.10 grams of Brown
Sugar was recovered. Learned counsel for the petitioner further
submits that the recovered contraband is little more than the
small quantity so 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 police after investigation submitted chargesheet
against the petitioner and the petitioner is in custody since
15.02.2026.
5. Learned APP for the State, on the other hand,
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner carries one more case other than the
present one but fairly submits on the basis of paragraph-3 of the
bail petition that the petitioner is on bail in the pending matter.
6. Considering the facts and circumstances of the case
and the fact that there is non compliance of mandatory provision
of the N.D.P.S. Act and the recovered contraband is little more
than the small quantity, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Rupees
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Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned ADJ-I, Bhagalpur in connection with
Kahalgaon P.S. Case No. 65 of 2026, subject to the following
conditions :-
(1) 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 her absence on two consecutive dates without sufficient
reason, her bail bond shall be cancelled by the Court below.
(2) 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.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage, it is found that the petitioner has concealed her
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.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
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any stage, it is found that the petitioner has concealed her
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)
Ibrar//-
U T
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