Patna High Court
Amit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted as the seized quantity was below commercial quantity and no embargo under Section 37 applied, subject to conditions.
Summary
Amit Kumar was arrested on 15 September 2025 in connection with a case under the NDPS Act for alleged possession of 46 packets of smokeless tobacco weighing 15.50 grams and Rs. 800. The petitioner claimed a clean antecedent, false implication, and that the seized quantity was below the commercial threshold, arguing that mandatory provisions of Sections 42 and 50 were not complied with and that no embargo under Section 37 applied. The prosecution opposed bail. The court examined the facts, noted the quantity was less than commercial quantity and the petitioner had no prior record, and therefore granted bail on a bond of Rs. 10,000 with two sureties and specific conditions regarding trial cooperation, non‑tampering, and verification of antecedents. The bail order was subject to cancellation if conditions were breached.
Issues considered
- Whether bail can be granted when the seized narcotic quantity is less than the commercial quantity under the NDPS Act
- Whether the mandatory provisions of Sections 42 and 50 of the NDPS Act were complied with
- Whether the embargo provision of Section 37 of the NDPS Act applies in this case
- Whether the petitioner’s clean antecedent warrants 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
- narcotics
- commercial quantity
- embargo
- Section 42
- Section 50
- Section 37
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78905 of 2025
Arising Out of PS. Case No.-1520 Year-2025 Thana- PHULWARISHARIF District- Patna
======================================================
Amit Kumar S/o Munna Paswan R/o- Kumharar Toli, P.S.- Phulwari Sharif,
District- Patna, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saket Anand, Advocate
For the Opposite Party/s : Mr. Zainul Abedin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 29-01-2026 Heard Mr. Saket Anand, learned counsel for the
petitioner and Mr. Zainul Abedin, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
15.09.2025 in connection with Phulwari Sharif P.S. Case No.
1520 of 2025, F.I.R. dated 14.09.2025 for the offences
punishable under Sections 8(c) and 21(b) of the NDPS Act.
3. Recovery is of 46 packets of smack weighted to be
15.50 grams and Rs. 800/-.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that it appears
from the F.I.R. that altogether 46 packets of smack weighted to
be 15.50 grams and Rs. 800/- has been recovered from the
Patna High Court CR. MISC. No.78905 of 2025(4) dt.29-01-2026
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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 against the petitioner. The petitioner
is in custody since 15.09.2025.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
and the fact that the recovered contraband is less than the
commercial quantity and the petitioner has clean antecedent, 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 Principal
District & Sessions Judge-cum-Special Judge, NDPS Act, Patna
Sadar in connection with Phulwari Sharif P.S. Case No. 1520 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
Patna High Court CR. MISC. No.78905 of 2025(4) dt.29-01-2026
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and on his absence on two consecutive dates without sufficient
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)
Vanisha/-
U T
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