Patna High Court
Vickky KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The court denied bail, holding that the quantity of seized substances exceeded the commercial threshold and Section 37 of the NDPS Act bars the grant of bail.
Summary
Vickky Kumar was arrested in connection with a case under Sections 20 and 22 of the NDPS Act, where police recovered 49 bottles of codeine‑containing cough syrup, 150 nitrazepam tablets, 200 g of charas and 100 g of ganja. The petitioner pleaded innocence, argued lack of prior criminal record, claimed the seized quantities were below commercial thresholds, and contended that Sections 42 and 50 of the NDPS Act had not been complied with. The State opposed bail, asserting that the quantity of cough syrup exceeded the commercial limit, invoking the bar under Section 37, and relied on the Supreme Court’s decision in Hira Singh (2020 20 SCC 272) that neutral substances in a mixture are counted towards the total quantity. The Patna High Court, after considering the facts and the cited precedent, held that the seizure amounted to a commercial quantity and that Section 37 precludes bail. Consequently, the bail petition was rejected and the trial was directed to proceed expeditiously.
Issues considered
- Whether bail can be granted when the seized narcotic and psychotropic substances, taken together with neutral substances, exceed the commercial quantity under the NDPS Act.
- Whether Section 37 of the NDPS Act bars the grant of bail in such circumstances.
- Whether non‑compliance with Sections 42 and 50 of the NDPS Act is a ground to deny bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20, 22, 37, 42, 50
Subjects
- NDPS Act
- bail
- commercial quantity
- Section 37
- codeine
- charas
- nitrazepam
- mixture of narcotic and neutral substances
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50255 of 2025
Arising Out of PS. Case No.-113 Year-2025 Thana- HARLAKHI District- Madhubani
======================================================
Vickky Kumar S/o- Ravindra Bhandari Resident of village- Gurghapatti PO-
Pipround PS- Harlakhi District-Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Jha, Advocate
For the Opposite Party/s : Mr. Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
5 06-02-2026 Heard Mr. Shailendra Kumar Jha, learned counsel for the
petitioner and Mr. Choubey Jawahar, learned APP for the State.
2. The petitioner seeks bail in connection with Harlakhi
P.S. Case No. 113 of 2025 instituted for the offences under
Sections 20 & 22 of the NDPS Act.
3. Prosecution allegation, in short, is that total 49 bottles
of cough syrup bottles containing codeine, 150 Nitrazepam
tablets, 200 grams charas and 100 grams ganja has been
recovered in this case.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. The petitioner is in custody since 10.05.2025 and
has got no criminal antecedent. There is no allegation of
Patna High Court CR. MISC. No.50255 of 2025(5) dt.06-02-2026
2/3
tampering of witnesses alleged against the petitioner. Learned
counsel further submits that the contraband recovered are less
than commercial quantity. He further submits that there is no
compliance of Sections 42 and 50 of the NDPS Act.
5. Learned A.P.P. for the State has vehemently opposed
the prayer for grant of bail to the petitioner. Learned A.P.P.
submits that recovery of contraband excluding the cough syrup
is less than small quantity. He further contends that the recovery
of cough syrup containing codeine is above the commercial
quantity, hence, there is bar under Section 37 of the N.D.P.S.
Act. Learned A.P.P. has further relied upon a case of Hon’ble
Supreme Court since reported in (2020) 20 SCC 272 (Hira
Singh and Another versus Union of India and Another) in
which the Hon’ble Apex Court held that in case of seizure of
mixture of narcotic drugs or psychotropic substance with one or
more neutral substance(s), the quantity of neutral substance(s) is
not to be excluded and to be taken into consideration along with
actual content by way of offending drug while determining the
“small or commercial quantity” of narcotic drugs or
psychotropic substance. Bail of other co-accused is rejected by
this Court vide order dated 25.09.2025, passed in Cr. Misc. No.
49327 of 2025.
Patna High Court CR. MISC. No.50255 of 2025(5) dt.06-02-2026
3/3
6. Considering the aforesaid facts and circumstances of
the case and recovery of contraband beyond commercial
quantity coupled with embargo under Section 37 of the N.D.P.S.
Act, this Court is not inclined to grant bail to the petitioner.
7. The prayer is rejected.
8. The Trial Court is directed to expedite the trial as
expeditiously as possible without any undue delay and
unnecessary adjournments.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
Checking your session…