Created by Fuzzy Cloud

Patna High Court

Vikash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                           3/3




                         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


Continue reading with your account

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

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

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