Patna High Court
Sujeet Kumar @ Mangroo SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
Bail cannot be granted as the contraband exceeds commercial quantity, invoking the bar under Section 37 of the NDPS Act.
Summary
The petitioner, Sujeet Kumar, was arrested for alleged possession of 49.42 kg of ganja, which exceeds the commercial quantity under the NDPS Act. He applied for bail, claiming innocence, lack of prior criminal record, and that his confession to police has no evidentiary value. The State opposed, invoking the statutory bar on bail for cases involving quantities above the commercial limit under Section 37 of the NDPS Act. The court examined the facts, noted the large quantity of contraband and the applicable statutory bar, and concluded that bail could not be granted. Consequently, the bail petition was rejected and the trial court was directed to expedite the trial.
Issues considered
- Whether bail can be granted in an NDPS case where the seized narcotic exceeds the commercial quantity under Section 37 of the NDPS Act
- Whether a confession made to police has any evidentiary value for the purpose of granting bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b), 29, 37, 8(c)
Subjects
- bail
- NDPS Act
- commercial quantity
- Section 37
- drug possession
- confession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75741 of 2025
Arising Out of PS. Case No.-171 Year-2021 Thana- DIDARGANJ District- Patna
======================================================
Sujeet Kumar @ Mangroo Singh S/o Raj Ballav Singh R/o Village- Rai Bagh,
Kachi Dargah, P.S.- Didarganj, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agarwal, Sr. Advocate
Mr.Arvind Kumar, Advocate
For the Opposite Party/s : Mr.Prem Kumar Jha, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
5 11-02-2026 Heard learned counsel for the petitioner and learned
APP for the State. Perused the case diary.
2. The petitioner seeks bail in Special (NDPS) Case
No. 95 of 2021, arising out of Didarganj P.S. Case No. 171 of
2021, instituted for the offences under Sections 8(c), 20(b) and
29 of the NDPS Act.
3. Prosecution allegation, in short, is that total 49.42
Kg. Ganja has been recovered from the house of the petitioner.
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 15.07.2025 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
Patna High Court CR. MISC. No.75741 of 2025(5) dt.11-02-2026
2/2
the alleged recovery has been made from different portion of the
joint house of the petitioner. The petitioner confessed his guilt
before the Police, which has no evidentiary value in the eye of
law.
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.
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.
8. Learned Trial Court is directed to expedite the trial.
(Rudra Prakash Mishra, J)
manish/-
U T
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