Patna High Court
Vikash Kumar SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted as the seized quantity was below the commercial threshold and the embargo under Section 37 did not apply, subject to prescribed conditions.
Summary
Vikash Kumar Sharma was arrested on 13 October 2025 after police recovered 16.98 grams of a smack-like substance from his possession under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, Sections 8 and 21(b). He applied for bail, arguing that the seized quantity was below the commercial threshold and that the mandatory provisions of the NDPS Act had not been complied with, thus no embargo under Section 37 should apply. The State opposed bail, noting that the petitioner had three other pending cases. The Court examined the facts, noted the quantity was indeed less than commercial and the statutory embargo was inapplicable, and consequently granted bail on a bond of Rs.10,000 with two sureties, subject to conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to be implemented by the Principal Sessions Judge of Gopalganj.
Issues considered
- Whether bail can be granted when the quantity of narcotic seized is less than the commercial quantity under the NDPS Act.
- Whether the embargo provision of Section 37 of the NDPS Act applies in the present case.
- Whether the petitioner’s prior criminal cases affect the grant of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 37, 8
Subjects
- bail
- NDPS Act
- commercial quantity
- Section 37 embargo
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88003 of 2025
Arising Out of PS. Case No.-766 Year-2025 Thana- GOPALGANJ TOWN District-
Gopalganj
======================================================
Vikash Kumar Sharma Son of Naresh Sharma Resident of Village- Yadopur
Road Shiv Mandir Ward No. 5, P.S.- Town Thana, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Amitesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 22-01-2026 Heard Mr. Umesh Kumar Singh, learned counsel for
the petitioner and Mr. Amitesh Kumar, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
13.10.2025, in connection with Gopalganj Town P.S. Case No. 766
of 2025, T.R. No. 48 of 2025 F.I.R. dated 12.10.2025 registered
for the offences punishable under Sections 8/ 21(b) of the N.D.P.S.
Act.
3. The case relates to recovery of 16.98 grams of Smack.
4. Learned counsel for the petitioner submits that
although the recovery has been made from the possession of the
petitioner but there is non-compliance of mandatory provision of
N.D.P.S. Act and it appears from the F.I.R. as well as seizure list
that altogether 16.98 grams of Smack like substance was
recovered from the possession of the petitioner and the recovery is
Patna High Court CR. MISC. No.88003 of 2025(3) dt.22-01-2026
2/3
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 and apart from the aforesaid the
petitioner carries three more cases other than the present one.
6. Considering the aforesaid facts and circumstances of
the case and the fact that the recovered contraband is less than the
commercial quantity and there is non compliance of mandatory
provision of N.D.P.S. Act, 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 Princiapl Sessions Judge, Gopalganj in
connection with Gopalganj Town P.S. Case No. 766 of 2025,
subject to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
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
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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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