Patna High Court
Gautam KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner, subject to a bond and specified conditions, on the ground that the seized quantity was below commercial quantity and statutory requirements were not complied with.
Summary
Gautam Kumar was arrested on 15 July 2025 in connection with a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act for alleged possession of 206.69 grams of smack recovered from his motorcycle. The petitioner claimed innocence, alleging that the FIR was fabricated, the mandatory provisions of the NDPS Act were not complied with, and the seized quantity was below the commercial threshold, rendering Section 37 inapplicable. The State opposed bail, noting the recovery from the petitioner’s vehicle and a pending excise case, but the petitioner was already on bail in another matter. The High Court examined the facts, noted the non‑compliance of statutory requirements and the sub‑commercial quantity, and consequently ordered the release of the petitioner on bail with a bond of Rs.10,000 and three specific conditions. The bail order also directed verification of the petitioner’s criminal antecedents and stipulated cancellation of bail for non‑appearance or tampering with evidence.
Issues considered
- Whether bail can be granted when the quantity of narcotic seized is less than the commercial quantity under the NDPS Act.
- Whether non‑compliance of mandatory provisions of the NDPS Act, such as the absence of a forensic laboratory report, warrants denial of bail.
- Whether the existence of a pending excise case or prior bail in another matter affects the grant of bail in the present NDPS case.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 15, 18, 25, 29, 37, 8
Subjects
- bail
- NDPS Act
- narcotics
- commercial quantity
- mandatory provisions
- FSL report
- criminal antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5395 of 2026
Arising Out of PS. Case No.-57 Year-2025 Thana- SUHAIL District- Gaya
======================================================
Gautam Kumar S/O Bhagwat Yadav Resident of village- Suhail, P.S.- Suhail,
Distt.- Gaya (Gayaji)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Yogesh Kumar, Advocate
For the State : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 29-01-2026 Heard Mr. Yogesh Kumar, learned counsel for the
petitioner and Mr. Bhanu Pratap Singh, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
15.07.2025, in connection with Suhail P.S. Case No. 57 of 2025,
F.I.R. dated 14.07.2025 registered for the offences punishable
under Sections 8, 15(c), 18, 25 and 29 of the N.D.P.S. Act.
3. The case relates to recovery of 206.69 grams of
Smack.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. He further submits that the allegation as alleged in
the F.I.R. is false and fabricated and the petitioner has not
committed any offence as alleged in the F.I.R. Although recovery
has been made from the motorcycle of the petitioner. Learned
Patna High Court CR. MISC. No.5395 of 2026(2) dt.29-01-2026
2/3
counsel for the petitioner submits that there is non-compliance of
mandatory provision of N.D.P.S. Act and the recovered contraband
is less than the commercial quantity and hence there is no
embargo under Section 37 of the N.D.P.S. Act to enlarge the
petitioner on bail. He further submits that chargesheet has been
submitted against the petitioner without FSL report and the
petitioner is in custody since 15.07.2025.
5. Learned Additional Public Prosecutor for the State,
on the other hand, vehemently opposed the prayer for bail of the
petitioner and submits that the recovery has been made from the
motorcycle of the petitioner and apart from aforesaid petitioner
carries one more case of Excise matter but fairly submits on the
basis of paragraph-3 of the bail petition that the petitioner is on
bail in the pending matter.
6. Considering the aforesaid facts and circumstances of
the case and the fact that the recovered contraband is less than the
commercial quantity and there is non compliance of mandatory
provision of N.D.P.S. Act, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned District and Additional Sessions Judge-17,
Gaya in connection with Suhail P.S. Case No. 57 of 2025, subject
to the following conditions :-
Patna High Court CR. MISC. No.5395 of 2026(2) dt.29-01-2026
3/3
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and on
his absence on two consecutive dates without sufficient reason, his
bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move for
cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at any
stage, it is found that the petitioner has concealed his criminal
antecedents, the court below shall take step for cancellation of bail
bond of the petitioner. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be delayed for
purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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