Patna High Court
Somu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail may be granted where the seized narcotic is not in the accused's conscious possession and the charge‑sheet is incomplete, notwithstanding the quantity involved.
Summary
Somu Kumar was arrested in connection with a case under Sections 8A(c), 21(c) and 29 of the NDPS Act after police recovered 419.8 grams of brown sugar from beneath the seat of a Swift Dezire car he was travelling in. The petitioner argued that the narcotic was not in his conscious physical possession, that the weight could be inaccurate because the packets were water‑logged, and that the charge‑sheet was incomplete and lacked a forensic laboratory report. The State contended that the quantity constituted a commercial quantity and therefore bail should be denied. The High Court observed that the recovery was not from the accused’s conscious possession and that the charge‑sheet’s incompleteness warranted caution, consequently granting bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 480(3) of the BNSS. The order released the petitioner on bail pending trial.
Issues considered
- Whether the quantity of narcotic seized (419.8 g) qualifies as a commercial quantity attracting the stringent provisions of Section 37 of the NDPS Act.
- Whether the fact that the narcotic was recovered from beneath the seat, and not from the accused's conscious physical possession, justifies granting bail.
- Whether an incomplete charge‑sheet and the absence of a forensic laboratory report affect the grant of bail.
Legislation cited
Subjects
- bail
- NDPS Act
- commercial quantity
- charge sheet
- forensic report
- possession
- narcotics
- Supreme Court precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63115 of 2025
Arising Out of PS. Case No.-68 Year-2024 Thana- BALUA BAZAR District- Supaul
======================================================
Somu Kumar S/O Shambhu Prasad Resident of Birpur, Ward No.10, P.S.-
Birpur, District- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Jyoti Singh, Adv.
Mr. Arvind Kumar, Adv.
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
5 06-02-2026 Heard the parties.
2. The petitioner seeks bail in connection with Balua
Bazar P.S. Case No. 68 of 2024 registered for the offence under
Sections 8A(c), 21(c) and 29 of the NDPS Act.
3. The petitioner is named in the F.I.R. and is in
custody since 29.11.2024.
4. The prosecution case is to the effect that the police
personnel while checking the vehicles intercepted one Swift
Dezire Car which started to flee, however, car lost control and
met with an accident and fell into a canal. The police
apprehended two injured persons who were found inside the
vehicle who disclosed their names as Sajid Anwar and one
Somu Kumar. After following the procedure, the car was
searched and four packets of brown sugar were recovered from
beneath the seat of the car and when the same was weighed it
Patna High Court CR. MISC. No.63115 of 2025(5) dt.06-02-2026
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was found to be 419.8 Grams.
5. Learned counsel appearing on behalf of the
petitioner submitted that petitioner falsely been implicated in
this case. It is further submitted by learned counsel for the
petitioner that no incriminating article was recovered from the
conscious physical possession of the petitioner and admittedly
the recovery was made from beneath the seat of the car. It is
also submitted by learned counsel that from perusal of the FIR it
is evident that packets which were recovered were dipped into
water, hence, the weight as stated in the FIR would vary and,
thus, it could not be said with certainty that the seized brown
sugar was above the commercial quantity and hence the rigors
of Section 37 of NDPS shall not be attracted. It is submitted
that charge-sheet was submitted incomplete. In support of his
submission learned counsel relied upon the legal report of
Hon’ble Supreme Court as available through Divyas Bardewa
Vs. Narcotics Control Board reported in 2023 SCC OnLIne
SC 742. While concluding the argument, it is submitted that
petitioner is a man of clean antecedent and moreover,
investigation of this case is completed, for which charge-sheet
has been submitted, as such, there is no chance of tampering
Patna High Court CR. MISC. No.63115 of 2025(5) dt.06-02-2026
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with the evidence.
6. Learned APP while opposing the prayer of bail
submitted that 419.8 Grams of brown sugar was recovered from
beneath the seat of the car in which the petitioner was riding
and the seized quantity is of commercial quantity.
7. In view of aforesaid factual submission and by
taking note of fact as the recovery was not made from conscious
physical possession of this petitioner , coupled with the fact that
charge-sheet submitted incomplete without any FSL report,
accordingly petitioner above named, is directed to be released
on bail in connection with Balua Bazar P.S. Case No. 68 of 2024
on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Sessions Judge-cum-Special Judge, NDPS, Supaul
/concerned court, subject to the conditions as mentioned under
Section 480(3) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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