Patna High Court

Sonu KumarversusThe State of Bihar

Decided: 4 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioner, holding that the low quantity and the circumstances justified release on bond.

Summary

The petitioner, Sonu Kumar, was arrested in connection with a case under Sections 8(c), 21(b) and 29 of the NDPS Act, where 89.67 grams of narcotic was seized, of which 24.82 grams was allegedly recovered from his possession. The petitioner claimed innocence, argued that no contraband was found on his conscious possession, and that the quantity involved was below the commercial threshold, making Section 37 inapplicable. The State opposed bail, contending the seriousness of the offence. The Court considered the low quantity, the petitioner’s lack of prior criminal record, and the period of custody, and decided to grant bail subject to bond and surety conditions. The order directed the petitioner to appear at all trial dates and stipulated cancellation of bail for non‑appearance on two consecutive dates.

Issues considered

Whether bail can be granted in an NDNDPS case where the seized quantity is below the commercial quantity
Whether the provisions of Sections 42 and 50 of the NDPS Act have been complied with
Whether the petitioner’s claim of innocence and lack of prior record warrant bail

Legislation cited

Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 29, 37, 42, 50, 8(c)

Subjects

bail
NDPS Act
commercial quantity
Section 37
Section 42
Section 50
drug offences
court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.7140 of 2026
                       Arising Out of PS. Case No.-90 Year-2025 Thana- Garahara District- Begusarai
                 ======================================================
                 Sonu Kumar Son of Rajkapur Rai Resident of village- Dowarkothi, P.S. -
                 Rajapakar, Dist- vaishali, Bihar

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Prashant Kumar, Advocate
                 For the Opposite Party/s :        Mr. Shyameshwar Dayal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   04-02-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with

                   Garhara PS Case No. 90 of 2025 instituted for the offences

                   under Sections 8(c), 21(b) & 29 of the NDPS Act.

                           3.       Prosecution allegation, in short, is that the total

                   89.67 grams smack was recovered, out of which 24.82 grams

                   from the possession of the petitioner.

                           4.       Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. Charge-sheet              been submitted in this case. No

                   incriminating material has been recovered from the conscious

                   possession of the petitioner. Learned counsel for the petitioner
Patna High Court CR. MISC. No.7140 of 2026(2) dt.04-02-2026
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          further submits that petitioner has no concern with the recovered

          contraband. The recovered contraband is below the commercial

          quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable

          in the present case. The petitioner is in custody since 12.12.2025

          and has got no criminal antecedent. There is no compliance of

          Sections 42 and 50 of the N.D.P.S. Act.

                  5.      Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                  6.      Considering the aforesaid facts and circumstances

          of the case, recovery below commercial quantity and the period

          of custody undergone by the petitioner, this Court is inclined to

          grant bail to the petitioner.

                  7.      Let the petitioner be released on bail on furnishing

          bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties

          of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Garhara PS Case

          No. 90 of 2025, subject to the following conditions:

                  (I) One of the bailors shall be own/close member of the

          family of the petitioner.

                  (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two

          consecutive dates, the Trial Court will have liberty to cancel the
           Patna High Court CR. MISC. No.7140 of 2026(2) dt.04-02-2026
                                                       3/3




                     bail bonds of the petitioner.



                                                                  (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T

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