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Patna High Court

Kamod KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                           3/3




                                      (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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