Patna High Court

Pawan Kumar @ Pawan Kishore @ Pawan KishorversusThe State of Bihar

Decided: 2 February 2026
Disposal: BAIL REJECTED
Bench: R P MISHRA

Holding

The Court held that bail cannot be granted as the seized quantity exceeds the commercial quantity, invoking the bar under Section 37 of the NDPS Act.

Summary

Pawan Kumar was arrested in connection with a case under Section 21(c) of the NDPS Act for allegedly possessing 89 litres of codeine syrup. He applied for bail, claiming innocence, lack of prior criminal record, and no witness tampering. The State opposed, arguing that the seized quantity exceeds the commercial threshold, invoking the bar on bail under Section 37 of the NDPS Act, and relied on the Supreme Court decision in Hira Singh (2020) which holds that neutral substances in a mixture count towards the total quantity. The Court examined the facts, noted the contraband exceeded commercial quantity, and applied the statutory bar. Consequently, the Court rejected the bail petition, denying release.

Issues considered

Whether bail can be granted when the seized narcotic quantity exceeds the commercial quantity under Section 37 of the NDPS Act.
Whether the quantity of neutral substances mixed with narcotics must be included in determining the commercial quantity, as per Hira Singh v. Union of India.

Legislation cited

Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(c), 37

Subjects

NDPS Act
bail
commercial quantity
codeine syrup
Section 37
mixture
neutral substance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74462 of 2025
                     Arising Out of PS. Case No.-536 Year-2025 Thana- KADAMKUAN District- Patna
                 ======================================================
                 Pawan Kumar @ Pawan Kishore @ Pawan Kishor Son of Nawal Kishore
                 Prasad Residence of village - Pustakalaya Lane, kadam Kuan, Ps- Kadam
                 Kuan, Dist- patna
                                                                           ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms.Lovely Kumari, Advocate
                 For the Opposite Party/s :      Mr.Raj Ballabh Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   02-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State. Perused the case diary.

                               2. The petitioner seeks bail in Kadamkuan P.S. Case

                   No. 536 of 2025 instituted for the offences under Sections 21(c)

                   of the NDPS Act.

                               3. Prosecution allegation, in short, is that 89 litres of

                   codeine syrup 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 06.09.2025 and

                   has got no criminal antecedent. Charge-sheet has been submitted

                   in this case. There is no allegation of tampering of witnesses

                   alleged against the petitioner. Learned counsel further submits

                   the alleged recovery has been made from the house of Pappu
           Patna High Court CR. MISC. No.74462 of 2025(3) dt.02-02-2026
                                                       2/2




                     Singh.

                                 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 recovered contraband is above the

                     commercial quantity, hence, there is bar under Section 37 of the

                     N.D.P.S. Act. Learned A.P.P. has further relied upon a case of

                     Hon’ble Supreme Court since reported in (2020) 20 SCC 272

                     (Hira Singh and Another versus Union of India and Another)

                     in which the Hon’ble Apex Court held that in case of seizure of

                     mixture of narcotic drugs or psychotropic substance with one or

                     more neutral substance(s), the quantity of neutral substance(s) is

                     not to be excluded and to be taken into consideration along with

                     actual content by way of offending drug while determining the

                     “small or commercial quantity” of narcotic drugs or

                     psychotropic substance.

                                  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)
manish/-
U      T

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