Patna High Court
Chandani KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court held that bail may be granted in NDPS cases where the seized quantity is below commercial quantity and the allegations are based primarily on suspicion.
Summary
Chandani Kumari and Punam Kumari were arrested in connection with a Narcotic Drugs and Psychotropic Substances (NDPS) case (Sections 8(c) and 21(b)) after police recovered 124 grams of brown sugar allegedly packed for sale on the orders of a third person, Kavita. The petitioners contended that they have clean antecedents, were falsely implicated, and that no contraband was found in their possession or at their residence, arguing that the quantity seized is below the commercial threshold and therefore does not trigger the stringent bail provisions of Section 37 of the NDPS Act. The prosecution opposed bail, maintaining that the seizure and the FIR implicate the petitioners. The Court examined the material facts, noted that the co‑accused Shakti Kumar had already been granted bail, and considered the petitioners' lack of direct possession. Relying on the principle that bail may be granted when the seized quantity is not commercial and where the case is based largely on suspicion, the Court ordered bail with a bond of Rs. 10,000 and two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence. The order also directed that verification of criminal antecedents should not delay the acceptance of the bail bond.
Issues considered
- What is the applicability of bail provisions under the NDPS Act when the seized quantity is less than commercial quantity?
- Whether mere suspicion and absence of direct possession justify denial of bail under Sections 8(c) and 21(b) of the NDPS Act?
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 37, 8(c)
Subjects
- NDPS Act
- bail
- commercial quantity
- narcotics
- presumption of innocence
- section 37
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38917 of 2026
Arising Out of PS. Case No.-123 Year-2026 Thana- SASARAM MUFFSIL District- Rohtas
======================================================
1. Chandani Kumari wife of Karan Kumar Resident of Village -Beda Mod,
Banarasiya PS -Sasaram Muffasil District -Rohtas
2. Punam Kumari Wife of Vishal Kumar Resident of Village -Beda Mod,
Banarasiya PS -Sasaram Muffasil District -Rohtas
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Babu Nandan Prasad
For the Opposite Party/s : Mr. Rabindra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 22-06-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. Petitioners seek bail who is in custody since
14.04.2026 in connection with Sasaram (Muffasil) P.S. Case No.
123 of 2026 (NDPS) for the offences punishable under Sections
8(c) and 21(b) of the NDPS Act.
3. The case of the prosecution in brief is that on
13.04.2025, upon information, he along with police personnel
reached at village-Beda More Banarasiya near the house of
accused Kavita at 15:15 O' Clock. The accused persons were
caught by the police, who disclosed their names as Shakti
Kumar, Chandni Kumari and Punam Kumari. During search,
Patna High Court CR. MISC. No.38917 of 2026(2) dt.22-06-2026
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total 124 grams brown sugar have been recovered from them.
On query, they disclosed that seized article was ordered by
Kavita which they were packing for sale.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and are innocent and have
falsely been implicated in the present case. It is further
submitted that the allegation as alleged in the FIR is forged and
fabricated and the petitioners have not committed any offence as
alleged in the FIR. It is next submitted that it appears from the
FIR and seizure list that recovery has been made from the house
of Shakti Kumar and petitioners have no concern at all with
Shakti Kumar. It is next submitted that petitioners have been
made accused in this case merely on the basis of suspicion and
nothing has been recovered from their conscious possession or
from the house of the petitioners. It is next submitted that the
recovered contraband is less than commercial quantity so there
is no embargo under Section 37 of the N.D.P.S. Act to enlarge
the petitioners on bail. It is next submitted that co-accused
person, namely, Shakti Kumar from whose possession the
contraband has been recovered has been granted bail vide order
dated 17.06.2026 passed in Cr. Misc. No. 38429 of 2026 by a
Coordinate Bench of this Court and petitioners are in custody
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since 14.04.2026.
5. The learned Additional Public Prosecutor for State
has vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances,
let the petitioners, 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
Court of Sessions Judge, Rohtas at Sasaram in connection with
Sasaram (Muffasil) P.S. Case No. 123 of 2026 (NDPS), subject
to the following conditions:-
i. Petitioners 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 their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners 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 petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
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cancellation of bail bond of the petitioners. 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)
Gaurav Sinha/-
U T
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