Patna High Court
Sunil KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was denied because the recovery exceeded commercial quantity and there was no sufficient reason to believe the petitioner was innocent or would not reoffend.
Summary
The petitioner, Sunil Kumar, was arrested on 28 September 2025 in connection with a case alleging possession of 24.78 kg of ganja, which exceeds the commercial quantity defined under the NDPS Act. He applied for bail, claiming a clean antecedent and that he was merely the driver, asserting that the FIR was fabricated. The State opposed bail, highlighting the large quantity seized and the statutory embargo under Section 37 of the NDPS Act. The court examined Supreme Court precedents on bail in commercial‑quantity NDPS cases and found no material to show the petitioner’s innocence or that he would not reoffend if released. Consequently, the court refused the bail application, holding that the seriousness of the offence and the commercial quantity preclude grant of bail.
Issues considered
- Whether bail can be granted under Section 37 of the NDPS Act when the seized narcotic exceeds commercial quantity.
- Whether the petitioner has demonstrated that he is not guilty and is unlikely to commit a similar offence if released.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(B)(II) B, 22, 25, 27, 37, 8(c)
Subjects
- bail
- NDPS Act
- commercial quantity
- Section 37
- drug trafficking
- judicial precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.652 of 2026
Arising Out of PS. Case No.-237 Year-2025 Thana- BUXAR INDUSTRIAL District- Buxar
======================================================
Sunil Kumar Son of Ram Bahadur Singh @ Ram Bahadur Mahto Resident of
Village - Dalsagar, P.S.- Buxar (Industrial), District - Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar Roy, Advocate
For the Opposite Party/s : Mr. Nagendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 06-04-2026 Heard Mr. Anil Kumar Roy, learned counsel for the
petitioner and Mr. Nagendra Prasad, learned APP for the State.
2. Petitioner seeks bail who is in custody since
28.09.2025 in connection with Buxar Industrial P.S Case No.
237 of 2025 for the offences punishable under Sections 8(c),
20(B) (II) B, 22, 25 and 27 of the N.D.P.S. Act, 1985.
3. Recovery is of 24.78 kg of Ganja.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. 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. He further submits that the
petitioner is the driver of the tempo in question.
5. Learned Additional Public Prosecutor on the other
Patna High Court CR. MISC. No.652 of 2026(4) dt.06-04-2026
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hand vehemently opposed the prayer for bail of the petitioner
and submits that it appears from the F.I.R as well as seizure list
that altogether 24.78 kg of Ganja has been recovered from the
possession of the petitioner and F.S.L. report also confirms that
the recovered contraband is Ganja and the recovered contraband
is more than the commercial quantity, so there is embargo under
Section 37 of the N.D.P.S. Act.
6. The grant of bail in NDPS cases where the recovery
of commercial quantity of narcotic is alleged is circumscribed
under Narcotic Drugs and Psychotropic Substance Act, 1985,
Section 37 which says that before grant of bail, the Court must
have reason to believe that petitioners have not committed the
offence and in the event of release he would not commit similar
offence.
7. The issue was considered by the Hon’ble Supreme
Court in the case of State of Kerala and Ors. Vs. Rajesh and
Ors. reported in (2020) 12 SCC, 122 as well as in the case of
Narcotic Control Bureau Vs. Mohit Aggarwal reported in
AIR 2022 SC 3444 and Union of India vs. Ajay Kumar Singh
@ Pappu reported in 2023 SCC OnLine SC 3456 dated
28.03.2023.
8. The recovery of huge quantity of Ganja recovered
Patna High Court CR. MISC. No.652 of 2026(4) dt.06-04-2026
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would not justify that the petitioner had no knowledge of the
narcotic nor there is any material to substantiate that the
petitioner would not commit such offence in the event of
release.
9. Considering the aforesaid facts and circumstances
and the fact that the recovered contraband is more than the
commercial quantity, I am not inclined to enlarge the petitioner
on bail in connection with Buxar Industrial P.S Case No. 237 of
2025 pending in the Court of learned Special Judge, NDPS Act,
Buxar.
10. Prayer is refused.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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