Patna High Court
Sunil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to bond and conditions.
Summary
Sunil Kumar was arrested on 31 January 2026 for allegedly smuggling narcotic substances, including cocaine and nitrazepam, in contravention of Section 317(5) of the Bihar Narcotic Substances Act and Section 21(C) of the NDPS Act. The prosecution alleged that he was caught with a motorcycle and a quantity of drugs, but the petitioner claimed the seized amount was below commercial quantity, invoking the lack of an embargo under Section 37 of the NDPS Act, and asserted he was falsely implicated. The State opposed bail, highlighting four prior cases against the petitioner. The High Court considered the facts, the quantity of drugs, and the petitioner’s antecedents, and ordered his release on 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 verification of the petitioner’s criminal antecedent without delaying bail.
Issues considered
- Whether bail should be granted to an accused charged under Section 317(5) of the Bihar Narcotic Substances Act and Section 21(C) of the NDPS Act when the seized quantity is below commercial quantity.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 317(5)
- Narcotic Drugs and Psychotropic Substances Act — s. 21(C), 37
Subjects
- bail
- NDPS Act
- Narcotic Drugs
- commercial quantity
- criminal antecedent
- Section 317
- Section 21(C)
- Section 37
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38932 of 2026
Arising Out of PS. Case No.-40 Year-2026 Thana- MAJORGANJ District- Sitamarhi
======================================================
Sunil Kumar S/O Kishori Ray Resident of Village - Kailashpur (Bahera), P.S-
Mejorganj, District - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Uday Kumar
For the Opposite Party/s : Mr. Raj Kishor Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 22-06-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
31.01.2026 in connection with Mejorganj P.S. Case No. 40 of
2026 for the offences punishable under Section 317(5) of the
BNS and Section 21(C) of the NDPS Act.
3. The case of the prosecution in brief is that one
Barun Kumar the police officer posted in 20th B.N. S.S.B.
Sitamarhi has given a written information on 20.01.2026 to the
concern officer in charge alleging there in that on 29.01.2026 at
0010 O'clock he received information that a person has to come
with smuggling articles from Sitamarhi through Mejorganj as
such he along with other police force have departure for joint
Naka duty and in course of that at 0040 O' clock a unknown
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motorcycle driver has been seen near Pillar No. 334/01 coming
from towards Mejorganj as such he was directed to stop but said
person tried his best to flee away leaving his motorcycle but he
was caught hold an search COCAS DX 03 BTL, AASCOT
11BTL, COREX DX 19 BTL and NITRAZEPAМ ТАВ 1P
10MG 40 Tablets has been recovered but the caught hold person
has not produced any valid paper of the alleged seized
motorcycle and medicine. On ask the caught hold person
disclosed his name as Sunil Kumar and accepted that he taking
away the alleged medicine at Nepal.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the present case. 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 petitioner on bail. Learned
counsel for the petitioner next submits that police after
investigation has submitted charge-sheet and petitioner is in
custody since 31.01.2026.
5. The learned Additional Public Prosecutor for State
has vehemently opposed the prayer for bail of the petitioner and
submits that petitioner has antecedent of four cases other than
the present case but fairly submits that the petitioner is on bail in
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the pending matters.
6. Considering the aforesaid facts and circumstances,
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 Special
Judge, Sitamarhi or its successor Court in connection with
Mejorganj P.S. Case No. 40 of 2026 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 her absence on two consecutive dates without sufficient
reason, her 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
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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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