Patna High Court
Raju KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner on a bond with conditions, as the seized quantity was below commercial quantity and the petitioner had a clean antecedent.
Summary
The petitioner, Raju Kumar, was arrested on 13 October 2025 in connection with a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act for alleged possession of 44.41 grams of smack/brown sugar, a mobile phone and a wristwatch. He pleaded that he has a clean antecedent, the quantity seized is below the commercial threshold, and that procedural requirements of the NDPS Act were not complied with, thus no embargo under Section 37 should apply. The State opposed bail, arguing that the contraband was recovered from the petitioner’s possession. The Court, after considering the facts, the petitioner’s clean record and the sub‑commercial quantity, granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The order directs that the bail bond not be delayed for verification purposes.
Issues considered
- What is the applicability of Section 37 of the NDPS Act when the seized quantity is less than commercial quantity?
- Whether the petitioner’s clean antecedent and the sub‑commercial quantity justify granting bail under the NDPS Act.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 37, 8(C)
Subjects
- bail
- NDPS Act
- narcotics
- commercial quantity
- clean antecedent
- Section 37
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87952 of 2025
Arising Out of PS. Case No.-511 Year-2025 Thana- PURNEA SADAR District- Purnia
======================================================
Raju Kumar S/o- Late Gajendra Yadav Res of Village- Janta Chowk PS- K.
Hat District- Purnea
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bidhu Ranjan, Advocate
For the Opposite Party/s : Mr. Ram Naresh Ray, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 22-01-2026 Heard Mr. Bidhu Ranjan, learned counsel for the
petitioner and Mr. Ram Naresh Ray, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
13.10.2025, in connection with Purnea Sadar P.S. Case No. 511 of
2025, F.I.R. dated 12.10.2025 registered for the offences
punishable under Sections 8(C) and 21(b)of the N.D.P.S. Act.
3. The case relates to recovery of 44.41 gms. of
Smack/brown sugar including the weight of polythene, one mobile
phone with SIM amounting to Rs. 4,470/- and one wristwatch
from the possession of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely implicated
in the present case. It appears from the F.I.R. that altogether 44.41
gms. of Smack/brown sugar including the weight of polythene,
Patna High Court CR. MISC. No.87952 of 2025(3) dt.22-01-2026
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one mobile phone with SIM amounting to Rs. 4,470/- and one
wristwatch was recovered from the possession of the petitioner.
He further submits that there is non-compliance of mandatory
provisions of N.D.P.S. Act and recovery is less than the
commercial quantity and hence there is no embargo under Section
37 of the N.D.P.S. Act to enlarge the petitioner on bail. He further
submits that the police after investigation submitted chargesheet
against the petitioner and the petitioner is in custody since
13.10.2025.
5. Learned Additional Public Prosecutor for the State,
on the other hand, vehemently opposed the prayer for bail of the
petitioner and submits that the recovery has been made from the
possession of the petitioner.
6. Considering the facts and circumstances of the case
and the fact that the petitioner having clean antecedent and the
recovered contraband is less than the commercial quantity, let the
petitioner, above named, be released on bail on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of
the like amount each to the satisfaction of learned Principal
Sessions Judge (NDPS Act), Purnea in connection with Purnea
Sadar P.S. Case No. 511 of 2025, subject to the following
conditions :-
(1) Petitioner shall co-operate in the trial and shall be
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properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and on
his absence on two consecutive dates without sufficient reason, his
bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move for
cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at any
stage, it is found that the petitioner has concealed his criminal
antecedents, the court below shall take step for cancellation of bail
bond of the petitioner. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be delayed for
purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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