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Patna High Court

Golu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted because the petitioner had a clean antecedent, the seized narcotic was recovered from the co‑accused, and the quantity was below the commercial threshold, rendering Section 37 inapplicable to refuse bail.

Summary

The petitioner, Golu Kumar, was arrested on 30‑12‑2025 in connection with a case under Sections 8(c) and 21(b) of the NDPS Act for allegedly selling a small quantity of smack. The prosecution’s case relied on a confession by a co‑accused, Md. Azad, who recovered 9.37 g of the drug from his own pocket, while no contraband was found on the petitioner. The petitioner argued that he had a clean antecedent, the seized quantity was below the commercial threshold, and the presumption under Section 37 should not apply. The High Court considered these submissions and the fact that the evidence against the petitioner was indirect. It granted bail on a personal bond of Rs 10,000 with two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence.

Issues considered

  • What is the applicability of Section 37 of the NDPS Act in denying bail when the seized quantity is less than commercial quantity and recovered from a co‑accused?
  • Whether a clean antecedent and lack of direct possession justify granting bail to an accused under Sections 8(c) and 21(b) of the NDPS Act.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • Section 8
  • Section 21
  • Section 37
  • clean antecedent
  • quantity less than commercial
  • co‑accused
  • presumption of possession

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40765 of 2026
                    Arising Out of PS. Case No.-219 Year-2025 Thana- PHULWARIA District- Begusarai
                 ======================================================
                 Golu Kumar Son of Dina Ram Resident of village - Phulwaria 01, Barauni
                 Nagar Parishad Ward No.- 08, Durga Asthan, P.S.- Phulwaria, District -
                 Begusarai.

                                                                                  ... ... Petitioner/s
                                                       Versus

                 The                  State                of
                                                           Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sarvottam Kumar
                 For the Opposite Party/s :       Mr. Upendra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   30-06-2026                    Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   30.12.2025 in connection with Phulwaria P.S. Case No. 219 of

                   2025 for the offences punishable under Sections 8(c), 21(b) of

                   N.D.P.S. Act.

                               3. The case of the prosecution in brief is that on

                   29.12.2025 at about 05:30 PM during patrolling at Vatika

                   Chowk, the informant got secret information that two persons

                   were selling substance like Smack in the garden of Pappu Rai

                   situated at Saidpur Tola. Thereafter, the informant and others

                   reached at the spot and found that two persons were warming

                   themselves by fire in the garden. On seeing police force, both
Patna High Court CR. MISC. No.40765 of 2026(2) dt.30-06-2026
                                            2/4




          the persons tried to flee, but they were apprehended with the

          help of police force. Upon query, the said persons stated their

          names as FIR named accused Md. Azad and Golu Kumar and

          they also confessed that they were secretly selling smack. Upon

          searching, substance like brown powder Smack of 09.37 gram

          from the pocket of Md. Azad was recovered. A realme screen

          touch mobile, PAN card, Atm card Rs 600/- cash were recovered

          from the possession of accused Golu Kumar. Accused Md. Azad

          further stated that as per instruction of Prashant Choudhary @

          Mogla, he and Golu Kumar used to sell the smack. They sold

          three pudia till now and amount of the said pudia was in the

          possession of Golu Kumar. They used to talk through nobile of

          Golu Kumar. Thereafter seizure list was prepared at the spot.

                      4. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and he has falsely been

          implicated in the present case. Learned counsel for the petitioner

          next submits that it appears from the FIR and seizure that

          altogether 9.37 grams of smack was recovered from the pocket

          of Md. Azad. It is next submitted that name of the petitioner has

          transpired on the disclosure made by Md. Azad and except the

          aforesaid nothing has come to suggest the involvement of the

          petitioner in the present occurrence. Learned counsel for the
Patna High Court CR. MISC. No.40765 of 2026(2) dt.30-06-2026
                                            3/4




          petitioner further submits that the recovered contraband is less

          than the commercial quantity so there is no embargo of Section

          37 of the NDPS Act to enlarge the petitioner on bail. Apart from

          that while rejecting the bail petition of the petitioner, the learned

          trial court on 02.02.2026 has recorded that the petitioner has

          made renewal of the prayer after submission of the charge-sheet.

          Learned counsel for the petitioner next submits that from

          perusal of the impugned order it appears that charge now has

          been framed against the petitioner and petitioner is in custody

          since 30.12.2025.

                      5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for bail of the

          petitioner.

                        6. Considering the aforesaid facts and circumstances

          and the fact that petitioner has clean antecedent and recovery

          has been made from the possession of the co-accused person, 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 Court of

          Principal Sessions Judge, Begusarai in connection with

          Phulwaria P.S. Case No. 219 of 2025, subject to the following

          conditions:-
           Patna High Court CR. MISC. No.40765 of 2026(2) dt.30-06-2026
                                                       4/4




                                  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

                     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)
Gaurav Sinha/-

U      T


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