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Patna High Court

Omji Kumar Pathak @ Omji KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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