Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted because the seized narcotics were below commercial quantity and the prosecution had not complied with the mandatory provisions of Section 37 of the NDPS Act.
Summary
The petitioner, Vikash Kumar, was arrested on 15 February 2026 in connection with NDPS Case No. 124 of 2026 for alleged possession of 14.82 g of smack and 26.22 g of ganja. He applied for bail, asserting a clean antecedent and contending that the seized narcotics were below the commercial quantity and that the prosecution had failed to send the seized material to the forensic laboratory, thereby not establishing it as contraband. The State opposed the bail, relying on the seriousness of the offence under the NDPS Act. The Court examined the statutory requirement of Section 37 of the NDPS Act, noting that the non‑compliance of mandatory procedures and the sub‑commercial quantity justified bail. Consequently, the Court ordered the petitioner’s release on bail of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence. The order also directed verification of the petitioner’s antecedent and stipulated cancellation of bail for any breach of conditions.
Issues considered
- Whether bail can be granted under the NDPS Act when the seized narcotic quantity is below commercial quantity.
- Whether the failure to send the seized narcotics to the forensic laboratory defeats the requirement of Section 37 of the NDPS Act.
- Whether the petitioner’s clean antecedent warrants bail despite the seriousness of the offence.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)A, 21(b), 37, 8, 8(c)
Subjects
- bail
- NDPS Act
- commercial quantity
- Section 37
- clean antecedent
- forensic laboratory non‑compliance
- contraband
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43418 of 2026
Arising Out of PS. Case No.-57 Year-2026 Thana- NADI P.S. District- Patna
======================================================
Vikash Kumar S/o Late Om Saw R/o Village - Sabalpur, P.S - Nadi, District -
Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashish, Advocate
For the Opposite Party/s : Mr.Ajit Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 07-07-2026 Heard Mr.Ashish, learned counsel for the petitioner
and Mr.Ajit Kumar, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
15.02.2026 in connection with NDPS Case No. 124 of 2026,
arising out of Nadi P.S.Case No. 57/2026, F.I.R. dated
14.02.2026 registered for the offence punishable under Sections
8/20(b)(ii)A and 8(c) 21(b) of N.D.P.S.Act.
3. Recovery is of 14.82 Gm of Smack and 26.22 Gm
of Ganja.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. He further
submits that it appears from the FIR that 14.82 Gm of Smack
and 26.22 Gm of Ganja has been recovered from possession of
the petitioner. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.43418 of 2026(2) dt.07-07-2026
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without sending the same to the F.S.L., the prosecution has not
stated that the recovered article is contraband, apart from 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 and there is non-compliance of
the mandatory provisions of the NDPS Act and the police, after
investigation, submitted chargesheet against the petitioner and
the petitioner is in custody since 15.02.2026.
5. Learned A.P.P. for the State, on the other hand, has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts, petitioner has clean
antecedent, recovered contraband is less than the commercial
quantity and there is non-compliance of the mandatory
provisions of the NDPS Act, 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 learned Exclusive Special Judge (NDPS Act)
Court No.-1, Patna in connection with NDPS Case No. 124 of
2026, arising out of Nadi P.S.Case No. 57/2026, with 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
Patna High Court CR. MISC. No.43418 of 2026(2) dt.07-07-2026
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and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her 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)
Nitesh/-
U T
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