Patna High Court
Gautam KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail may be granted when the seized narcotic quantity is below the commercial threshold, no material is found on the accused, and parity with co‑accused bail exists, even if Sections 42 and 50 are not complied with.
Summary
Gautam Kumar was arrested in connection with a case under Sections 8(c) and 21(b) of the NDPS Act after 143.260 grams of brown sugar was seized from his mother’s shop. The petitioner contended that no contraband was found on his person, that the quantity seized was below the commercial threshold, and that he was falsely implicated. The State opposed bail, while the co‑accused had already been released on bail. The Court noted the sub‑commercial quantity, the lack of incriminating material on the petitioner, the parity with the co‑accused’s bail, and the period of custody already served. It held that Section 37 of the NDPS Act was inapplicable and that bail could be granted despite non‑compliance with Sections 42 and 50. Accordingly, the petitioner was released on bail upon furnishing a bond of Rs.15,000 with two sureties.
Issues considered
- Whether bail can be granted to an accused under Sections 8(c) and 21(b) of the NDPS Act when the seized narcotic quantity is below the commercial threshold
- Whether Section 37 of the NDPS Act applies to the present case
- Whether non‑compliance with Sections 42 and 50 of the NDPS Act precludes the grant of bail
Legislation cited
- NDPS Act — s. 21(b), 37, 42, 50, 8(c)
Subjects
- NDPS Act
- bail
- narcotic drugs
- commercial quantity
- Section 37
- Sections 42 and 50
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80895 of 2025
Arising Out of PS. Case No.-673 Year-2025 Thana- AGAMKUAN District- Patna
======================================================
Gautam Kumar Son of Kamlesh Choudhary Resident of Bachha Jail, Police
Station - Alamganj, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Krishna Jha, Advocate
For the Opposite Party/s : Mr. Ram Sumiran Rai, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and learned APP
for the State. Perused the case diary.
2. The petitioner seeks bail in connection with
Agamkuan PS Case No. 673 of 2025 instituted for the offences
under Sections 8(c) & 21(b) of the NDPS Act.
3. Prosecution allegation, in short, is that 143.260
grams of brown sugar was recovered from the shop of the
mother of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Charge-sheet been submitted in this case. No
incriminating material has been recovered from the conscious
possession of the petitioner. Learned counsel for the petitioner
Patna High Court CR. MISC. No.80895 of 2025(3) dt.11-02-2026
2/2
further submits that petitioner has no concern with the recovered
contraband. The recovered contraband is below the commercial
quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable
in the present case. The petitioner is in custody since 10.09.2025
and has got one criminal antecedent. There is no compliance of
Sections 42 and 50 of the N.D.P.S. Act. Other co-accused has
been granted bail by a Co-ordinate Bench of this Court vide
order dated 29.01.2026, passed in Cr. Misc. No. 79426 of 2025.
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, recovery below commercial quantity, claim based on
parity and 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/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Agamkuan PS Case
No. 673 of 2025.
Raj Kishore/- (Rudra Prakash Mishra, J)
U T
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