Patna High Court
Navlesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The court held that the recovery of a large quantity of narcotics exceeding commercial limits and the embargo under Section 37 of the NDPS Act preclude the grant of bail.
Summary
Navlesh Kumar was arrested in connection with a Special NDPS case alleging possession of 42 kg of ganja, recovered near a railway trap. The petitioner sought bail, claiming innocence, a single prior conviction, and that the narcotics were not found in his conscious possession, also alleging non‑compliance with Sections 42 and 50 of the NDPS Act and Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail, stating the recovery was based on the petitioner's disclosure. The Patna High Court, noting the quantity exceeded commercial limits and invoked the embargo provision under Section 37 of the NDPS Act, declined to grant bail. Consequently, the bail application was rejected.
Issues considered
- Whether bail can be granted in an NDPS case where the seized narcotics exceed commercial quantity.
- Whether the procedural requirements of Sections 42 and 50 of the NDPS Act and Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, have been complied with to justify bail.
- Whether the fact that the narcotics were not recovered from the accused's conscious possession affects the bail decision.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20, 37, 40, 42, 50
Subjects
- bail
- NDPS Act
- narcotics
- commercial quantity
- embargo
- procedural compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74442 of 2025
Arising Out of PS. Case No.-80 Year-2025 Thana- ATHMALGOLA District- Patna
======================================================
Navlesh Kumar S/o Meghan Rai R/o Naya Tola Sabnima, P.S.- Athmalgola,
District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Priyanka Singh, Advocate
For the Opposite Party/s : Mr. Ram Sumiran Rai, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 03-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Special
(NDPS) Case No. 191 of 2025 arising out of Athmalgola P.S.
Case No. 80 of 2025 instituted for the offences under Sections
20, 40 of the NDPS Act.
3. Prosecution allegation, in short, is that the total 42
kilogram of ganja has been recovered in this case.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. The petitioner is in custody since 05.03.2025 and
has got one criminal antecedent. There is no allegation of
tampering of witnesses alleged against the petitioner. No
Patna High Court CR. MISC. No.74442 of 2025(3) dt.03-02-2026
2/2
incriminating article has been recovered from the conscious
possession of the petitioner rather the recovery has been made
near the railway trap in a heap of paddy husk. Learned counsel
further submits that there is no compliance of Sections 42 and
50 of the NDPS Act and also of Section 103 of the Bharatiya
Nagarika Suraksha Sanhita, 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner. Learned
A.P.P. submits that the recovery of 42 kilograms of ganja has
been made on the basis of disclosure made by the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and recovery of contraband beyond commercial
quantity coupled with embargo under Section 37 of the N.D.P.S.
Act, this Court is not inclined to grant bail to the petitioner.
7. The prayer is rejected.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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