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Patna High Court

Kari PaswanversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Bail is denied as the seizure exceeds commercial quantity and Section 37 of the NDPS Act bars the grant of bail.

Summary

The petitioner, Kari Paswan, applied for bail in a case registered under Section 61(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 8 and 20(B)(ii) C of the NDPS Act, after police recovered 32.59 kg of ganja and a mobile phone from his car during a secret raid. The petitioner claimed he was merely driving the vehicle on the owner's instruction and had no involvement in the contraband recovery, noting he had one prior criminal antecedent for which he was already on bail. The State opposed bail, arguing that the quantity seized exceeded commercial limits, invoking the bar on bail under Section 37 of the NDPS Act. The Court examined the facts, the statutory provisions, and the commercial quantity issue, and concluded that the statutory embargo precludes granting bail. Consequently, the bail application was rejected.

Issues considered

  • Whether bail can be granted to the petitioner under Section 61(2) of the Bharatiya Nyaya Sanhita, 2023 and the NDPS Act in view of the seizure of contraband exceeding commercial quantity.
  • Whether the bar on bail under Section 37 of the NDPS Act applies to the present case.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • commercial quantity
  • Section 37
  • drug trafficking
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84280 of 2025
                   Arising Out of PS. Case No.-217 Year-2025 Thana- BHAGWANPUR District- Begusarai
                 ======================================================
                 Kari Paswan S/O Ranjan Paswan Resident of Village- Amraur, P.S.- Singhaul,
                 District- Begusarai.

                                                                                 ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sanjeev Kumar, Advocate
                 For the Opposite Party/s :      Mr. Madhura Nand Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   09-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with

                   Bhagwanpur P.S. Case No. 217 of 2025 instituted for the

                   offences under Section 61(2) of the Bharatiya Nyaya Sanhita,

                   2023 and Sections 8, 20(B) ii C of the NDPS Act.

                               3. Police, on the basis of secret information,

                   intercepted two vehicles carrying contraband. On search, total

                   32.59 Kg of ganja and a mobile phone were recovered from the

                   petitioner’s car.

                               4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. The petitioner is in custody since 13.07.2025 and
           Patna High Court CR. MISC. No.84280 of 2025(3) dt.09-02-2026
                                                       2/2




                     has got one criminal antecedent but he is on bail in that case.

                     There is no allegation of tampering of witnesses alleged against

                     the petitioner. Learned counsel further submits that the

                     petitioner has no concern with the alleged recovery rather the

                     petitioner was driving the car on the instruction of owner of the

                     vehicle.

                                 5. Learned A.P.P. for the State has vehemently

                     opposed the prayer for grant of bail to the petitioner. Learned

                     A.P.P. submits that recovered contraband is above the

                     commercial quantity, hence, there is bar under Section 37 of the

                     N.D.P.S. Act.

                                  6. Considering the aforesaid facts and circumstances

                     of the case and recovery of contraband beyond commercial

                     quantity coupled with embargo under Section 37 of the N.D.P.S.

                     Act, this Court is not inclined to grant bail to the petitioner.

                                  7. The prayer is rejected.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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