Patna High Court
Kari PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 61(2)
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(B)(ii) C, 37, 8
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
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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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