Patna High Court
Kamod KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Kamod Kumar was arrested on 13 October 2025 in connection with a case involving the recovery of 24 bottles of 100 ml Onerex cough syrup, alleged to violate Section 317(5) of the Bihar Narcotic Substances Act and Section 21(C) of the NDPS Act. The petitioner claimed he had a clean antecedent and that the seized quantity was below the commercial threshold, arguing that Section 37 of the NDPS Act did not impose an embargo on bail. The State opposed bail, while the petitioner’s counsel highlighted the lack of prior convictions and the small quantity involved. The Court examined the facts, noted the petitioner’s clean record and the sub‑commercial quantity, and concluded that bail could be granted. Accordingly, the Court ordered his release on a bail bond of Rs 10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the accused under Sections 317(5) of the B.N.S. Act and 21(C) of the NDPS Act.
- Whether the quantity of seized cough syrup falls below the commercial quantity, thereby negating the embargo provision of Section 37 of the NDPS Act.
- Whether the petitioner’s clean antecedent warrants the grant of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 317(5)
- Narcotic Drugs and Psychotropic Substances Act — s. 21(C), 37
Subjects
- bail
- NDPS Act
- Bihar Narcotic Substances Act
- commercial quantity
- clean antecedent
- Section 37
- Section 21C
- Section 317(5)
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88014 of 2025
Arising Out of PS. Case No.-281 Year-2025 Thana- SONBERSA District- Sitamarhi
======================================================
Kamod Kumar S/O Paspat Mahto R/O Village- Sonbarsa, P.S- Sonbarsa,
Distt.- Sitamarhi, Bihar. 843330.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate
Mr. Raghvendra Kumar, Advocate
For the Opposite Party/s : Mr. Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 22-01-2026 Heard Mr. N.K. Agrawal, learned Senior counsel for
the petitioner and Mr. Anant Kumar 1, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
13.10.2025, in connection with Sonbarsa P.S. Case No. 281 of
2025, F.I.R. dated 12.10.2025 registered for the offences
punishable under Sections 317(5) of the B.N.S. and 21(C ) of the
N.D.P.S. Act.
3. The case relates to recovery of 24 pieces of 100 ml
Onerex Cough Syrup.
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 24
pieces of 100 ml Onerex Cough Syrup was recovered from the
shop. It appears from the seizure list that 13 pieces of cough syrup
Patna High Court CR. MISC. No.88014 of 2025(3) dt.22-01-2026
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was recovered from the mobile shop 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.
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 Special Judge,
Sitamarhi in connection with Sonbarsa P.S. Case No. 281 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
bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.88014 of 2025(3) dt.22-01-2026
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(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//-
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