Created by Fuzzy Cloud

Patna High Court

Babloo Kumar @ Bablu Ku. @ Bablu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

The petitioner, Babloo Kumar, was arrested on 13 October 2025 in connection with a case under the NDPS Act alleging possession of 8 grams of a smokable substance. He claimed false implication and argued that the quantity was below commercial threshold, with no evidence of witness tampering or possession of the contraband. The prosecution opposed bail, citing the offences under Sections 8, 20(B) and IIA of the NDPS Act. The court noted that the recovered amount did not attract Section 37 and that Sections 42 and 50 were not complied with, and considered the petitioner’s custody period and prior record. Consequently, the court granted bail on a bond of Rs. 15,000 with two sureties, imposing conditions regarding family surety, appearance in court, and non‑tampering with evidence or witnesses.

Issues considered

  • Whether bail should be granted to the accused in an NDPS case involving possession of a quantity below commercial threshold
  • Whether the provisions of Sections 37, 42 and 50 of the NDPS Act are applicable in the present case

Legislation cited

Subjects

  • bail
  • NDPS Act
  • quantity below commercial
  • Section 8
  • Section 20(b)
  • Section IIA
  • criminal procedure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4312 of 2026
                   Arising Out of PS. Case No.-721 Year-2025 Thana- SIWAN MUFFASIL District- Siwan
                 ======================================================
                 Babloo Kumar @ Bablu Ku. @ Bablu Kumar Son of Ramakant Yadav
                 Resident Of Village - Lakhrav, P.S. - Siwan Muffasil, Dist. - Siwan.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ajay Kumar Tiwary, Advocate
                 For the Opposite Party/s :      Mr. Pradeep Narain Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   02-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Siwan

                   Muffasil P.S. Case No. 721 of 2025 instituted for the offences

                   under Sections 8, 20(B), IIAof the N.D.P.S. Act.

                               3. Prosecution case, in short, is that total 8 grams of

                   smack like substance has been recovered in this case.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case.

                   Charge-sheet has been submitted in this case. Petitioner is in

                   custody since 13.10.2025 and has one criminal antecedent.

                   There is no allegation of tampering of witnesses alleged against

                   the petitioner. No incriminating material has been recovered
Patna High Court CR. MISC. No.4312 of 2026(2) dt.02-02-2026
                                            2/3




          from the conscious possession of the petitioner. Petitioner has

          no concern with the alleged recovery. The recovered contraband

          is below commercial quantity, and hence, Section 37 of the

          N.D.P.S. Act is not applicable in the present case. There is no

          compliance of Sections 42 and 50 of the N.D.P.S. Act.

                      5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                        6. Considering the aforesaid facts and circumstances

          of the case, recovered contraband being less than the

          commercial quantity as also the period of custody undergone by

          the petitioner, this Court is inclined to grant bail to the

          petitioner.

                        7. Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Siwan Muffasil P.S.

          Case No. 721 of 2025, subject to the following conditions:

                        (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                        (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two

          consecutive dates, the Trial Court will have liberty to cancel the
           Patna High Court CR. MISC. No.4312 of 2026(2) dt.02-02-2026
                                                       3/3




                     bail bonds of the petitioner.

                                  (III) 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.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.