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Patna High Court

Sunil KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.38932 of 2026(2) dt.22-06-2026
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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
Patna High Court CR. MISC. No.38932 of 2026(2) dt.22-06-2026
                                            3/4




          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
           Patna High Court CR. MISC. No.38932 of 2026(2) dt.22-06-2026
                                                       4/4




                     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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