Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted as no embargo under Section 37 applied, the seized narcotic was below commercial quantity, and the petitioner’s clean antecedent warranted release.
Summary
Rohit Kumar was arrested on 24 July 2025 in connection with a narcotics case (Section 21(C) of the NDPS Act) after police recovered 1.6 litres of Codeine Phosphate‑ONEREX and 3.2 litres of Codeine Phosphate‑WIXDIN from his shop and its rear. The petitioner pleaded that he has a clean antecedent, was falsely implicated, and that the seized quantity is below the commercial threshold, with the police having failed to comply with the mandatory provisions of Sections 42 and 50 of the NDPS Act, thereby negating any embargo under Section 37. The State opposed bail. The High Court, after considering these facts, held that no embargo applied, the quantity was sub‑commercial, and the petitioner’s clean record justified bail. Consequently, the court granted bail on a Rs 10,000 bond with two sureties and imposed conditions regarding cooperation, appearance, and non‑tampering with evidence.
Issues considered
- Whether the failure to comply with mandatory provisions of Sections 42 and 50 of the NDPS Act precludes the operation of Section 37 embargo on bail.
- Whether the quantity of narcotic seized, being less than commercial quantity, warrants denial of bail.
- Whether the petitioner’s clean antecedent and claim of false implication justify the grant of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(C), 37, 42, 50
Subjects
- bail
- NDPS Act
- narcotics
- commercial quantity
- Section 37 embargo
- criminal antecedent
- codeine phosphate
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78976 of 2025
Arising Out of PS. Case No.-219 Year-2025 Thana- SONBERSA District- Sitamarhi
======================================================
Rohit Kumar S/o Ram Lagan Mahto R/o Village- Rohuya ward No. 02, P.S.-
Sonbarsa, District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mahendra Thakur, Advocate
: Mr. Sanjay Kumar, Advocate
For the Opposite Party/s : Mr. Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 31-01-2026 Heard Mr. Mahendra Thakur, learned counsel for
the petitioner as well as Mr. Mohammad Sufyan, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
24.07.2025 in connection with Sonbarsa P.S. Case No. 219 of
2025, F.I.R. dated 23.07.2025 for the offences punishable under
Sections 21(C)of the Narcotic Drugs & Psychotropic Substance
Act, 1985.
3. Recovery is of 1.6 liters of Codein Phosphate-
ONEREX and 3.2 liters of Codein Phosphate-WIXDIN.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. It appears from the FIR that FIR
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is in two part. In first part the recovery has been made from the
shop of the petitioner and in the second part, recovery has been
made from behind the shop 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 24.07.2025.
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 Sessions
Judge-cum-Special Judge(N.D.P.S Act), Sitamarhi in connection
with Sonbarsa P.S. Case No. 219 of 2025, subject to the
following conditions:-
i. Petitioner shall co-operate in the trial and shall be
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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
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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