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Patna High Court

Akash KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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.
           Patna High Court CR. MISC. No.7594 of 2026(2) dt.03-02-2026
                                                       3/3




                               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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