Patna High Court
Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail is appropriate as the contraband is below commercial quantity and the circumstances do not warrant denial of bail.
Summary
Suraj Kumar was arrested in connection with a case under Sections 8, 20(b)(ii)(B) and 25 of the NDPS Act for allegedly transporting 12.635 kg of ganja in a car. The petitioner claimed innocence, argued that the seized quantity was below the commercial threshold and that Section 37 of the NDPS Act therefore did not apply, and noted a single prior juvenile offence that had been disposed of. The State opposed bail, while the petitioner’s counsel highlighted the lack of compliance with Sections 42 and 50 of the NDPS Act. The Patna High Court, considering the low quantity of contraband and the period of custody, granted bail subject to a cash bond and sureties, and imposed conditions regarding family surety and regular court appearances. The order released the petitioner on bail with the stipulated conditions.
Issues considered
- Whether bail should be granted in an NDPS case where the seized narcotic quantity is below the commercial threshold.
- Whether Section 37 of the NDPS Act is applicable to the present case.
- Whether the requirements of Sections 42 and 50 of the NDPS Act have been complied with.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(B), 25, 37, 42, 50, 8
Subjects
- bail
- NDPS Act
- possession of narcotic
- commercial quantity
- Section 37
- Section 42
- Section 50
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77750 of 2025
Arising Out of PS. Case No.-116 Year-2025 Thana- BALIA BELON District- Katihar
======================================================
Suraj Kumar S/O Sadanand Mandal R/O-Chhotai Tola, P.S.- Rupauli, Dist.-
Purnea, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vishal Vikram Rana, Advocate
Ms. Misha Bharti, Advocate
Mr. Akash Priye, Advocate
Mr. Anurag Darshi, Advocate
Mr. Kumar Saurav Dev, Advocate
For the Opposite Party/s : Mr. Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 04-02-2026 Heard learned counsel for the petitioner, learned
APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with Balia
Belon P.S. Case No. 116 of 2025, instituted for the offences
punishable under Sections 8, 20(b)(ii)(B) and 25 of the NDPS
Act.
3. Prosecution allegation, in short, is that there is
recovery of 12.635 Kg of Ganja from a car in which the
petitioner along with other co-accsued persons were travelling.
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
Patna High Court CR. MISC. No.77750 of 2025(3) dt.04-02-2026
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incriminating material has been recovered from the conscious
possession of the petitioner. Learned counsel for the petitioner
further submitted that the petitioner has got no concern with the
alleged recovery of Ganja. The recovered contraband is below
the commercial quantity. Hence, Section 37 of the N.D.P.S. Act
is not applicable in the present case. The petitioner is in custody
since 26.07.2025 and has got one criminal antecedent and the
same has been disposed of by the Juvenile Justice Board. 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.
6. Considering the aforesaid facts and circumstances
of the case, the recovered contraband being below the
commercial quantity and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Balia Belon P.S.
Case No. 116 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
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(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the prosecution will have liberty to move for
cancellation of bail.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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