Patna High Court
Babloo Kumar @ Bablu Ku. @ Bablu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Narcotic Drugs and Psychotropic Substances Act — s. 20(B), 37, 42, 50, 8, IIA
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
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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
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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
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