Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
Bail was denied because the recovery of contraband beyond commercial quantity triggers the embargo provision of Section 37 of the NDPS Act.
Summary
The petitioner, Nitish Kumar, applied for regular bail in a case involving alleged offences under Sections 8(c), 21(c), 22(c), 29 and 35 of the NDPS Act, after being in judicial custody since 24‑10‑2024. The State opposed bail, highlighting the seizure of 720 litres of Eskuf cough syrup and 540 kg of soyabean, with the cough syrup containing 1.44 kg of codeine, exceeding the commercial quantity and invoking the embargo provision of Section 37 of the NDPS Act. The petitioner argued he had no prior criminal record and had been detained without sufficient cause. The Court examined the magnitude of the contraband and the statutory bar on bail when commercial quantity is exceeded. Relying on Section 37, the Court rejected the bail application and directed the lower court to expedite the trial.
Issues considered
- Whether bail can be granted when the quantity of narcotic contraband exceeds the commercial quantity under Section 37 of the NDPS Act.
- Whether the petitioner’s lack of prior criminal antecedents warrants bail despite the embargo.
- Whether the trial should be expedited pending the bail decision.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(c), 22(c), 29, 35, 37, 8(c)
Subjects
- bail
- NDPS Act
- commercial quantity
- Section 37 embargo
- drug offences
- contraband
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78522 of 2025
Arising Out of PS. Case No.-277 Year-2024 Thana- SIMRI District- Darbhanga
======================================================
Nitish Kumar S/O Binod Rai Village Pranpur, P. S. Tisiauta, District Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Muskan Singh, Advocate
For the Opposite Party/s : Mr. Md. Aslam Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 09-01-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with Simri
Bazar P.S. Case No. 277 of 2024 instituted for the offences
under Sections 8(c), 21(c), 22(c), 29 and 35 of the NDPS Act.
3. This is the second attempt of the petitioner for bail.
The petitioner has renewed his prayer for grant of regular bail
which was earlier rejected by this Court vide order dated
22.04.2025 passed in Cr. Misc. No. 618 of 2025 taking into
consideration that the recovery of contraband beyond
commercial quantity coupled with embargo under Section 37 of
the NDPS Act.
4. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 24.10.2024
Patna High Court CR. MISC. No.78522 of 2025(3) dt.09-01-2026
2/2
without any rhymes or reason and has got no criminal
antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner and submits that
total 720 liters of Eskuf cough syrup and 540 Kg of Soyabean
have been recovered. It is further submitted that constituents of
codeine in 720 liters of cough syrup comes to about 1.440 Kg,
which is above the commercial quantity, hence, there is bar
under Section 37 of the NDPS 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 NDPS
Act.
7. In view of the above, the prayer for bail of the
petitioner is again rejected with a direction to the court below to
expedite the trial.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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