Patna High Court
Prince Kumar @ Himanshu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner despite the NDPS charges.
Summary
Prince Kumar was arrested on 9 March 2026 for alleged possession of 7.67 grams of smack, alleged under Sections 8(c) and 21(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. He pleaded that he has a clean antecedent, was falsely implicated, and that the seized quantity is below the commercial threshold, with the police having failed to comply with mandatory provisions of Sections 42 and 50 of the NDPS Act. The State opposed bail, but the High Court considered that the embargo under Section 37 does not apply when the quantity is non‑commercial and procedural defaults exist. Consequently, the Court ordered his release on bail of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence. The bail bond is to be verified for any concealed criminal antecedent, but acceptance of the bond shall not be delayed.
Issues considered
- Whether bail can be granted in an NDPS case where the seized quantity is less than the commercial quantity.
- Whether non‑compliance of mandatory provisions of Sections 42 and 50 of the NDPS Act bars the imposition of an embargo under Section 37.
- Whether the petitioner’s clean antecedent and claim of false implication affect the bail decision.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 37, 42, 50, 8(c)
Subjects
- NDPS Act
- bail
- possession of narcotics
- commercial quantity
- mandatory procedural compliance
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39341 of 2026
Arising Out of PS. Case No.-414 Year-2026 Thana- PHULWARISHARIF District- Patna
======================================================
Prince Kumar @ Himanshu Kumar Son of Shashikant Kumar Resident of
Village- Near Thakurbari, Ranipur, P.S.- Phulwarisharif, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Avinash Kumar Singh, Advocate
For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 23-06-2026 Heard Mr. Avinash Kumar Singh, learned counsel
for the petitioner and Mr. Nawal Kishore Prasad, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
09.03.2026 in Phulwarisharif P.S. Case No. 414 of 2026, F.I.R.
dated 08.03.2026 for the offences punishable under Sections 8
(c), 21(b) of the Narcotic Drugs & Psychotropic Substance Act,
1985.
3. Recovery is of 7.67 grams of Smack.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. It appears from the FIR that
altogether 14 plastic packets of Smack which weighed 7.67
grams were recovered from the place of occurrence. He further
Patna High Court CR. MISC. No.39341 of 2026(2) dt.23-06-2026
2/3
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. The
petitioner is in custody since 09.03.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
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 Session
Judge/Special Judge (NDPS), Patna in connection with
Phulwarisharif P.S. Case No. 414 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 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
Patna High Court CR. MISC. No.39341 of 2026(2) dt.23-06-2026
3/3
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)
Suruchi/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.