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Patna High Court

Navlesh KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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