Patna High Court
Sonu Raj @ Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Sonu Raj, was arrested in connection with NDPS Case No. 74 of 2025 for alleged offences under Sections 8(c) and 21(b) of the NDPS Act and Section 111 of the Bharatiya Nyaya Sanhita. The prosecution’s case is based on the recovery of 50 grams of a smokable substance from a co‑accused, Raja Kumar, and no material was found in the petitioner’s possession. The petitioner’s counsel argued that the quantity is below the commercial threshold, that Sections 42 and 50 of the NDPS Act were not complied with, and that the petitioner has no prior criminal record. The State opposed bail. Considering the low quantity, lack of direct possession, the petitioner’s custody period since 10‑10‑2025, and the grant of bail to a co‑accused, the Court allowed bail on a bond of Rs.15,000 with two sureties.
Issues considered
- Whether bail can be granted in an NDPS case where the seized narcotic is below commercial quantity and not found in the accused's possession.
- Whether the non‑application of Sections 42 and 50 of the NDPS Act justifies bail.
- Whether the petitioner’s period of custody and clean antecedents warrant release on bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 111
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 37, 42, 50, 8(c)
Subjects
- NDPS Act
- bail
- drug offence
- commercial quantity
- Section 37
- Section 42
- Section 50
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7206 of 2026
Arising Out of PS. Case No.-296 Year-2025 Thana- SAHEBPUR KAMAL District-
Begusarai
======================================================
Sonu Raj @ Deepak Kumar Son of Chandrashekhar Yadav @ Ram
Chandrashekhar Yadav Resident of Village - Ramchandrapur, Ward No.- 35,
Police Station - Jamalpur, District - Munger.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashutosh Kumar Verma, Advocate
For the Opposite Party/s : Ms. Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with NDPS
Case No. 74 of 2025, arising out of Sahebpur Kamal PS Case
No. 296 of 2025 instituted for the offences under Sections 8(c)
& 21(b) of the NDPS Act and Section 111 of the Bharatiya
Nyaya Sanhita, 2023.
3. Prosecution allegation, in short, is that there is
recovery of 50 grams smack like substance from co-accused,
Raja Kumar along with mobile phones from all accused persons.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.7206 of 2026(2) dt.10-02-2026
2/3
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
further submits that petitioner has no concern with the recovered
contraband and recovery is made from the possession of other
co-accused person. 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 10.10.2025 and has got no criminal antecedent. There is
no compliance of Sections 42 and 50 of the N.D.P.S. Act. Other
co-accused has been granted bail by a Co-ordinate Bench of this
Court vide order dated 21.01.2026, passed in Cr. Misc. No. 3278
of 2026.
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, claim based on
parity 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
Patna High Court CR. MISC. No.7206 of 2026(2) dt.10-02-2026
3/3
below/concerned Court in connection with NDPS Case No. 74
of 2025, arising out of Sahebpur Kamal PS Case No. 296 of
2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.