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Patna High Court

Gautam KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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