Patna High Court
Om Prakash Sah @ Om Prakash Shah @ Om Parkash SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioner, finding the circumstances sufficient for release on bail.
Summary
The petitioner, Om Prakash Sah, was arrested in connection with the recovery of 10.4 kg of ganja from a tempo, alleged under Sections 80(c), 20(B)(ii) and 29 of the NDPS Act. He claimed false implication, having no prior criminal record, no contraband in his possession, and argued that the seized quantity was below commercial quantity, making Section 37 inapplicable. The petitioner also highlighted that co‑accused had been granted bail and that the prosecution had not complied with Sections 42 and 50 of the NDPS Act. The State opposed bail. Considering the low quantity, the petitioner’s custody period, and the procedural lapses, the Court granted bail subject to monetary sureties and conditions to appear in court and not tamper with evidence or witnesses.
Issues considered
- Whether bail should be granted to the accused under the NDPS Act when the seized narcotic quantity is below commercial quantity.
- Whether non‑compliance with Sections 42 and 50 of the NDPS Act precludes grant of bail.
- Whether Section 37 of the NDPS Act applies to the present case.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 20(B)(ii), 29, 37, 42, 50, 80(c)
Subjects
- bail
- NDPS Act
- narcotics
- commercial quantity
- Section 37
- Section 42
- Section 50
- false implication
- witness tampering
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79658 of 2025
Arising Out of PS. Case No.-339 Year-2025 Thana- SURSAND District- Sitamarhi
======================================================
Om Prakash Sah @ Om Prakash Shah @ Om Parkash Sah S/o Heera Sah @
Heera Shah R/o village - Nagar Panchayat Sursand, ward no. - 5 @ ward no.
1 (old), Sursand Uttari, P.S. - Sursand, District - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Santosh Kumar, Advocate
For the Opposite Party/s : Mr.Murli Dhar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
5 03-04-2026 Heard learned counsel for the petitioner and learned
APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with Sursand
P.S. Case No. 339 of 2025, instituted for the offences under
Sections 80(c), 20(B)(ii) and 29 of the N.D.P.S. Act.
3. Prosecution case, in short, is that there is recovery
of 10.400 Kg Ganja was recovered from Tempo.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Charge-sheet has been submitted in this case. Petitioner is in
custody since 03.09.2025 and has no criminal antecedent. There
is no allegation of tampering of witnesses alleged against the
petitioner. No incriminating material has been recovered from
the conscious possession of the petitioner. Petitioner has no
Patna High Court CR. MISC. No.79658 of 2025(5) dt.03-04-2026
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concern with the alleged recovery. The recovered contraband is
below commercial quantity, and hence, Section 37 of the
N.D.P.S. Act is not applicable in the present case. Learned
counsel for the petitioner further submits that other co-accused
have been granted bail by this Bench vide order dated
15.12.2025 passed in Cr. Misc. No. 81032 of 2025. There is no
compliance of Sections 42 and 50 of the N.D.P.S. Act.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, recovered contraband being less than the
commercial quantity as also the period of custody undergone by
the petitioner, this Court is inclined to grant bail to the
petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Sursand P.S. Case
No. 339 of 2025, subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or
close member.
(II) The petitioner shall appear on each and every date
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fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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