Patna High Court
Vivek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
Bail is denied where the seized narcotic quantity exceeds commercial limits, invoking the bar under Section 37 of the NDPS Act.
Summary
Vivek Kumar was arrested in connection with a case under the NDPS Act where 400 grams of cannabis (smack) was recovered from co-accused Anshu Kumar. The petitioner claimed innocence, arguing that no contraband was found in his possession, he has no prior criminal record, and the prosecution had not complied with Sections 42 and 50 of the NDPS Act. The State contended that the quantity seized exceeds the commercial threshold, invoking the non‑bail provision of Section 37 of the NDPS Act. The court examined the facts, the statutory bar on bail for commercial quantities, and the lack of material linking the petitioner to the seized drugs. Concluding that the statutory embargo applied, the court denied bail.
Issues considered
- Whether bail can be granted to an accused when contraband exceeding commercial quantity is recovered from a co‑accused under the NDPS Act
- Whether the procedural requirements of Sections 42 and 50 of the NDPS Act have been complied with in the present case
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 22, 37, 42, 50, 8(c)
Subjects
- bail
- NDPS Act
- commercial quantity
- Section 37
- drug offence
- procedural compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75799 of 2025
Arising Out of PS. Case No.-423 Year-2025 Thana- MURLIGANJ District- Madhepura
======================================================
Vivek Kumar S/o Raj Kishore Das R/o Vill- Jorgama, P.S.- Murliganj, Distt-
Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Pooja Prasad, Advocate
For the Opposite Party/s : Mr. Vinod Shanker Modi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 26-02-2026 Heard learned counsel for the petitioner, learned
APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with
Murliganj P.S. Case No. 423 of 2025, instituted for the offences
punishable under Sections 8(c), 21(b) and 22 of the NDPS Act.
3. Prosecution allegation, in short, is that there is
recovery of 400 gram smack from the possession of co-accused
Anshu Kumar and the petitioner was arrested on spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case. No
incriminating material has been recovered from the conscious
possession of the petitioner. Learned counsel for the petitioner
Patna High Court CR. MISC. No.75799 of 2025(4) dt.26-02-2026
2/2
also submits that the petitioner has got no concern with the
alleged recovery of smack rather the same has been recovered
from the possession of co-accused, namely, Anshu Kumar. The
petitioner is in custody since 25.08.2025 and has got no criminal
antecedent. There is no compliance of Sections 42 and 50 of the
N.D.P.S. Act.
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.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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