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Patna High Court

Bablu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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/-

U       T


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