Patna High Court
Omji Kumar Pathak @ Omji KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted as the seized quantity was below commercial quantity and the statutory conditions for denial of bail under the NDPS Act were not satisfied.
Summary
Omji Kumar Pathak was arrested in connection with a case under Sections 8(c) and 21(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act after 6.47 grams of a heroin‑like substance was seized. The petitioner argued that he was falsely implicated, had no prior criminal record, and that the seized quantity was below the commercial threshold, rendering Section 37 inapplicable. The State opposed bail, contending that the NDPS provisions warranted continued custody. The Court examined the low quantity of the contraband, the absence of any allegation of witness tampering, and the lack of compliance with Sections 42 and 50 of the NDPS Act. Considering these factors, the Court found no compelling reason to deny bail. Accordingly, the petitioner was ordered to be released on bail upon furnishing a bond of Rs. 15,000 with two sureties of equal amount.
Issues considered
- Whether bail can be granted to an accused under Sections 8(c) and 21(b) of the NDPS Act when the seized narcotic quantity is below commercial quantity
- Whether the provisions of Sections 37, 42 and 50 of the NDPS Act are attracted in the present facts
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 37, 42, 50, 8(c)
Subjects
- bail
- NDPS Act
- narcotic drugs
- commercial quantity
- criminal procedure
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4353 of 2026
Arising Out of PS. Case No.-1687 Year-2025 Thana- PHULWARISHARIF District- Patna
======================================================
Omji Kumar Pathak @ Omji Kumar S/O Kishore Pathak R/O Vill.- Mahishi,
P.S- Mahishi, District- Saharsa at present R/O Vill.- Dhalu Chak, P.S-
Khagaul, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Dr. Kamal Deo Sharma, Advocate
For the Opposite Party/s : Mr. Nirmal Kumar Sinha, 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
Phulwarisharif P.S. Case No. 1687 of 2025 instituted for the
offences under Sections 8(c), 21(b) of the N.D.P.S. Act.
3. Prosecution case, in short, is that total 6.47 grams of
heroine 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 15.10.2025 and has no criminal antecedent. There
is no allegation of tampering of witnesses alleged against the
petitioner. No incriminating material has been recovered from
Patna High Court CR. MISC. No.4353 of 2026(2) dt.02-02-2026
2/2
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 Phulwarisharif P.S.
Case No. 1687 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
Checking your session…