Patna High Court
Akash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
Bail is denied because the seizure exceeds commercial quantity and Section 37 of the NDPS Act bars the grant of bail.
Summary
The petitioner, Akash Kumar, was arrested during a police raid that recovered 63.158 kg of ganja, exceeding the commercial quantity under the NDPS Act. He applied for bail, claiming innocence, lack of involvement in the recovery, and alleging non‑compliance with Sections 42 and 50 of the NDPS Act; he also pointed to the grant of bail to a co‑accused. The State opposed, arguing that the large quantity triggers the statutory bar on bail under Section 37 of the NDPS Act. The Court examined the facts, the statutory provisions, and the petitioner’s antecedents, and concluded that the bar under Section 37 applies. Consequently, the bail petition was rejected and the trial was directed to be expedited.
Issues considered
- Whether bail can be granted to an accused when the quantity of narcotic seized exceeds the commercial quantity under the NDPS Act.
- Whether the statutory bar under Section 37 of the NDPS Act applies in the present case.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 317(2)
- Narcotic Drugs and Psychotropic Substances Act — s. 20(B)ii C, 37, 42, 50, 8
Subjects
- bail
- NDPS Act
- commercial quantity
- Section 37
- drug trafficking
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7594 of 2026
Arising Out of PS. Case No.-142 Year-2025 Thana- AURAI District- Muzaffarpur
======================================================
Akash Kumar Son of Ramjanam Ray @ Ram Janam Ray @ Ram Janam
Kumar @ Ramjanam Kumar @ Ram Narayan Ray Resident of Village -
Panapur, P.S.- Aurai, District - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sagar Kumar
For the Opposite Party/s : Mr. Awadhesh Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 03-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with NDPS
Case No. 159 of 2025 arising out of Aurai P.S. Case No. 142 of
2025 instituted for the offences under Sections 8, 20(B)ii C of
the N.D.P.S. Act and Section 317(2) of the Bharatiya Nyaya
Sanhita, 2023.
3. Prosecution allegation, in short, is on receipt of secret
information, police conducted a raid and recovered 63.158 kg
ganja from the spot; on seeing police, several persons fled and
two accused were apprehended, including the petitioner, who
disclosed the names of others.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.7594 of 2026(2) dt.03-02-2026
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petitioner is innocent and has falsely been implicated in the
present case. The petitioner is in custody since 02.07.2025 and
has got two criminal antecedents. Charge-sheet has been
submitted in this case. There is no allegation of tampering of
witnesses alleged against the petitioner. Learned counsel further
submitted that petitioner has no concern with the alleged
recovery. There is no compliance of Sections 42 and 50 of the
N.D.P.S. Act. Other co-accused has been granted bail by this
Court vide order dated 21.01.2026, passed in Cr. Misc. No. 2431
of 2026.
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, taking into account the fact that petitioner was arrested
on the spot 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.
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8. The Trial Court is directed to expedite the trial as
expeditiously as possible without any undue delay and
unnecessary adjournments.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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