Patna High Court
Sunil KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, holding that the lack of precise measurement of the narcotic and the precedent of bail to a co-accused warranted release on bail.
Summary
The petitioner, Sunil Kumar, sought bail in a case registered under Sections 20 and 22 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, where 71.08 kg of raw ganja-like plants were recovered from his courtyard. The prosecution argued that the seized material constituted a substantial quantity of narcotic, while the petitioner contended that the weight of actual ganja was not ascertained because the seized material included stems and leaves, and the investigating officer had not weighed the dried product. He also highlighted that a co-accused in a similar circumstance had been granted bail and that he had only one prior criminal antecedent for which he was already on bail. The State opposed the bail application, invoking the stringent provisions of Section 37 of the NDPS Act. After considering the facts, the court found the petitioner's arguments persuasive and ordered that he be released on bail upon furnishing a bond of Rs.10,000 with two sureties, directing compliance with the Principal District Judge, Jehanabad.
Issues considered
- Whether bail can be granted to an accused under Sections 20 and 22 of the NDPS Act when the exact quantity of narcotic is not established.
- Applicability of Section 37 of the NDPS Act in the present case.
- Whether the petitioner’s prior criminal antecedent and current judicial custody affect the bail decision.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20, 22, 37
Subjects
- bail
- NDPS Act
- Section 20
- Section 22
- Section 37
- weight of seized narcotics
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82112 of 2025
Arising Out of PS. Case No.-77 Year-2025 Thana- MAKHDUMPUR District- Jehanabad
======================================================
Sunil Kumar, S/o Kail Yadav, R/o vill - Ganga Sagar, P.S.- Makhdumpur
(Tehta), Distt.- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birendra Kumar, Advocate
For the Opposite Party/s : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 22-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Makhdumpur P.S. Case No. 77 of 2025 registered for the
offence punishable under Sections 20 and 22 of the N.D.P.S.
Act.
3. The case of the prosecution, in short, is that from
the house of this petitioner, altogether 11 sacks of ganja like
plant were recovered which were weighed and the weight is
71.08 kg in raw form. The informant has also stated that after
drying, the weight will substantially reduce.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.82112 of 2025(3) dt.22-01-2026
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case. From perusal of the F.I.R. itself it is clear that the recovery
was made from the courtyard. It has further been submitted that
nothing has been recovered from his possession. It has finally
been argued that from perusal of the entire diary, it is clear that
I.O. has not weighed the seized green plants after drying and has
not ascertained as to what was actual amount of ganja in that
plants as only the leafy part of the plant is ganja. It has branches
and stems also. It has further been submitted that as the I.O. has
not ascertained the weight of ganja, the rigors of Section 37 of
the NDPS Act should not be applied against the petitioner. It
has also been submitted that similarly situated co-accused Kail
Yadav has been granted bail by learned Co-ordinate Bench vide
Cr. Misc. No. 41773 of 2025. The case of this petitioner stands
on similar footing. Petitioner is having one criminal antecedent
in which he is on bail. He is languishing in judicial custody
since 12.09.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
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bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Principal District Judge, Jehanabad in connection with
Makhdumpur P.S. Case No. 77 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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