Patna High Court
Ajay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted because the petitioner has a clean antecedent, the seized contraband is less than commercial quantity, and mandatory provisions of Sections 42 and 50 were not complied with, subject to conditions.
Summary
Ajay Kumar was arrested on 27 July 2025 in connection with a case involving the alleged possession of 120 bottles of cough syrup, alleged to be contraband under Sections 8(c) and 21(b) of the NDPS Act, 1985. The petitioner claimed he had no ownership interest in the medical hall where the seizure occurred, had a clean antecedent, and argued that the seized quantity was below the commercial threshold and that mandatory provisions of Sections 42 and 50 of the NDPS Act were not complied with. The Additional Public Prosecutor opposed bail. The High Court, after considering the facts, held that the lack of a commercial quantity, the petitioner’s clean record, and the procedural lapses justified granting bail, subject to a bond of Rs.10,000 with two sureties and specific conditions. The court ordered the bail to be released pending verification of antecedents, with provisions for cancellation on non‑compliance. The order was pronounced on 22 January 2026.
Issues considered
- Whether bail should be granted to the petitioner under the NDPS Act for alleged offences under Sections 8(c) and 21(b).
- Whether the seized quantity of cough syrup falls below the commercial quantity, thereby negating the embargo under Section 37 of the NDPS Act.
- Whether non‑compliance with the mandatory provisions of Sections 42 and 50 of the NDPS Act bars the grant of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 37, 42, 50, 8(c)
Subjects
- bail
- NDPS Act
- narcotic drugs
- commercial quantity
- Section 37
- Section 42
- Section 50
- cough syrup seizure
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77917 of 2025
Arising Out of PS. Case No.-162 Year-2025 Thana- BARGAINIA District- Sitamarhi
======================================================
Ajay Kumar Son of Mohan Prasad R/o Ward no. 13, Abkari Chowk,
Bairgania, P.S. - Bairgania, Dist. - Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Rajdeep, Advocate
For the Opposite Party/s : Mr. Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 22-01-2026 Heard Mr. Kumar Rajdeep, learned counsel for the
petitioner and Mr. Suresh Prasad Singh, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
27.07.2025 in connection Bairgania P.S. Case No. 162 of 2025,
F.I.R. dated 27.07.2025 for the offences punishable under
Sections 8 (c), 21(b) of the Narcotic Drugs & Psychotropic
Substance Act, 1985.
3. Recovery is of 120 bottles of cough syrup.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. Infact the petitioner is neither the
co-owner nor has any role in running Pooja Medical Hall, near
which the recovery has been made and no incriminating articles
Patna High Court CR. MISC. No.77917 of 2025(5) dt.22-01-2026
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were recovered from the possession of the petitioner. He further
submits that there is non-compliance of the mandatory provision
of Sections 42 and 50 of the N.D.P.S. Act and it appears that the
recovered contraband is less than the commercial quantity.
Hence, there is no embargo under Section 37 of the N.D.P.S Act
for grant of bail to the petitioner. He further submits that the
police after investigation submitted the charge sheet. The
petitioner is in custody since 27.07.2025.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
and the petitioner has clean antecedent and that the recovered
contraband is less than the commercial quantity, let the
petitioner, above named, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Special
Judge, Sitamarhi in connection with Bairgania P.S. Case No.
162 of 2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
Patna High Court CR. MISC. No.77917 of 2025(5) dt.22-01-2026
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reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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