Patna High Court
Bablu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail is granted to the petitioner as the contraband is below commercial quantity and the circumstances do not warrant continued detention.
Summary
Bablu Kumar was arrested in connection with Kotwali Police Station Case No. 452 of 2025 for alleged possession of 8.2 kg of ganja and 6.2 kg of bhaang. The petitioner claimed he was falsely implicated, asserting that no incriminating material was found on his person and that the arrest was based merely on suspicion. He further argued that the seized narcotics were below the commercial quantity, rendering Section 37 of the NDPS Act inapplicable, and highlighted his lack of prior criminal record and non‑compliance with Sections 42 and 50. The State opposed bail, contending the seriousness of the offence. The Court, considering the low quantity, the petitioner’s prolonged custody since 6‑August‑2025, and the absence of direct evidence, decided to grant bail with a bond of Rs.15,000 and two sureties, subject to conditions of family surety and regular appearance. The bail order was pronounced by Justice Rudra Prakash Mishra.
Issues considered
- Whether bail can be granted in an NDPS case where the seized narcotics are below commercial quantity.
- Whether Section 37 of the NDPS Act applies to the petitioner.
- Whether the lack of compliance with Sections 42 and 50 of the NDPS Act affects the grant of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(B), 37, 42, 50, 8
Subjects
- NDPS Act
- bail
- drug possession
- commercial quantity
- Section 37
- Section 42
- Section 50
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4937 of 2026
Arising Out of PS. Case No.-452 Year-2025 Thana- KOTWALI District- Patna
======================================================
Bablu Kumar Son of Shravan Prasad Gupta Resident of village - Rosamba
(Sasamba), Police Station - Shakurabad, District – Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Subhash Kumar, Advocate
For the Opposite Party/s : Mr. Md. Aslam Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 03-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Kotwali
P.S. Case No. 452 of 2025, instituted for the offences punishable
under Sections 8, 20(b)(ii)(B) of the NDPS Act.
3. Prosecution allegation, in short, is that there is
recovery of total 8.2 Kg of Ganja has been recovered from the
possession of petitioner along with other co-accused persons. It
is further alleged that 6.200 Kg Bhaang has also been recovered
from the thela.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.4937 of 2026(2) dt.03-02-2026
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the conscious possession of the petitioner. Learned counsel for
the petitioner also submitted that the petitioner has been arrested
only on the basis of suspicion. The petitioner has got no concern
either with the alleged recovery of Ganja or Bhaang. The
recovered contraband is below the commercial quantity. Hence,
Section 37 of the N.D.P.S. Act is not applicable in the present
case. The petitioner is in custody since 06.08.2025 and has got
no criminal antecedent. 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, the recovered contraband being below the
commercial quantity and 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 Kotwali P.S. Case
No. 452 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
Patna High Court CR. MISC. No.4937 of 2026(2) dt.03-02-2026
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(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 prosecution will have liberty to move for
cancellation of bail.
(Rudra Prakash Mishra, J)
Rajorshi/-
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