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Patna High Court

Raju KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
               Patna High Court CR. MISC. No.87952 of 2025(3) dt.22-01-2026
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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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