Patna High Court
Dharmveer KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted because the quantity seized was below commercial quantity, the petitioners had clean antecedents and the mandatory provisions of Sections 42 and 50 were not complied with, so no embargo under Section 37 applied.
Summary
The petitioners, Dharmveer Kumar and Sentu Kumar, were arrested on 22 April 2026 in connection with a narcotics case (PS Case No. 91 of 2026) for alleged offences under Sections 8(c) and 21(B) of the NDPS Act, 1985. A total of 6.27 grams of a brown‑sugar‑like substance was recovered from co‑accused and 1.88 grams from the petitioners, which is below the statutory commercial quantity. The petitioners argued that they have no prior criminal record, were falsely implicated, and that the police had not complied with the mandatory provisions of Sections 42 and 50 of the NDPS Act, thereby negating the embargo provision of Section 37. The Additional Public Prosecutor opposed bail. The Court, noting the small quantity seized, the petitioners' clean antecedent and the procedural lapses, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedents. The order directed that bail should not be delayed for verification purposes.
Issues considered
- Whether bail can be granted to accused under the NDPS Act when the seized quantity is less than the commercial quantity and the mandatory provisions of Sections 42 and 50 are not complied with.
- Whether Section 37 of the NDPS Act creates an embargo on bail in the present circumstances.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(B), 37, 42, 50, 8(c)
Subjects
- bail
- NDPS Act
- narcotics
- commercial quantity
- mandatory provisions
- criminal antecedent
- Section 37 embargo
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 42613 of 2026
Arising Out of PS. Case No.-91 Year-2026 Thana- Madhusudanpur District- Bhagalpur
======================================================
Dharmveer Kumar S/o Ravindra Das Resident of Village- Nurpur, Harijan
Tola, P.S.- Madhusudanpur, District- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 42748 of 2026
Arising Out of PS. Case No.-91 Year-2026 Thana- Madhusudanpur District- Bhagalpur
======================================================
Sentu Kumar @ Sintu Kumar @ Santu kumar Son of Joni Hari R/o Village -
Nathnagar, Kundi Tola, P.S.- Nathnagar (Lalmatia), District - Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 42613 of 2026)
For the Petitioner/s : Mr. Ajay K Singh, Advocate
For the Opposite Party/s : Mr. Shantanu Kumar, APP
(In CRIMINAL MISCELLANEOUS No. 42748 of 2026)
For the Petitioner/s : Mr. Manoj Kumar Jha, Advocate
For the Opposite Party/s : Ms. Veena Kumari Jaiswal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-07-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. Petitioners seek bail who are in custody since
22.04.2026 in Madhusudanpur P.S. Case No. 91 of 2026, F.I.R.
dated 21.04.2026 for the offences punishable under Sections 8
(c), 21(B) of the Narcotic Drugs & Psychotropic Substance Act,
1985.
3. Recovery is of 6.27 grams of brown sugar like
Patna High Court CR. MISC. No. 42613 of 2026(2) dt.06-07-2026
2/3
substance from the possession of co-accused persons, namely,
Sishu Kumar @ Aditya Raj and Rahul Kumar and 1.88 grams of
brown sugar like substance was recovered from possession of
the petitioners.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have falsely been
implicated in the present case. He further 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 petitioners. He further submits that the police after
investigation submitted the charge sheet. The petitioners are in
custody since 22.04.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances
and the petitioner have clean antecedent and that the recovered
contraband is less than the commercial quantity, 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 Principal
Patna High Court CR. MISC. No. 42613 of 2026(2) dt.06-07-2026
3/3
Session Judge, Bhagalpur in connection with Madhusudanpur
P.S. Case No. 91 of 2026, 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 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 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
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.