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Patna High Court

Nitish KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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