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Patna High Court

Abdhesh Kumar @ Awadhesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, finding that the circumstances warranted release on condition.

Summary

The petitioner, Abdhesh Kumar, sought bail in a case (Salimpur P.S. Case No. 239 of 2025) where 15.4 kg of ganja was recovered from a motorcycle, alleged under Sections 20(b)(ii)(c) and 22(c) of the NDPS Act. The petitioner claimed false implication, no prior criminal record, and argued that the seized contraband was below commercial quantity, rendering Section 37 inapplicable and that Sections 42 and 50 were not complied with. The State opposed bail, emphasizing the seriousness of the offence. The Court considered the reduced quantity, the petitioner’s custody duration, and the lack of evidence of tampering or witness intimidation. Consequently, the Court granted bail subject to a bond of Rs. 15,000 with two sureties and conditions regarding appearance and non‑tampering.

Issues considered

  • Whether bail can be granted when the seized narcotic quantity is below commercial quantity under the NDPS Act
  • Whether the non‑compliance of Sections 42 and 50 of the NDPS Act precludes bail
  • Whether the petitioner’s lack of prior criminal record and alleged false implication justify bail

Legislation cited

Subjects

  • bail
  • NDPS Act
  • quantity below commercial
  • Section 20
  • Section 22
  • Section 37
  • Section 42
  • Section 50
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88307 of 2025
                       Arising Out of PS. Case No.-239 Year-2025 Thana- SALIMPUR District- Patna
                 ======================================================
                 Abdhesh Kumar @ Awadhesh Kumar S/O Naresh Ray R/O Vill.- Pakki
                 Dargah, P.S.- Nadi, Dist.- Patna

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. N.K. Agrawal, Sr. Advocate
                                                  Mr. Kumar Rajdeep, Advocate
                                                  Mr. Arvind Kumar, Advocate
                 For the Opposite Party/s :       Mr. Abhay Kumar Roy, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   12-01-2026                   Heard learned senior counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in connection with

                   Salimpur P.S. Case No. 239 of 2025 instituted for the offences

                   under Sections 20(b)(ii)(c), 22(c) of the N.D.P.S. Act.

                                3. Prosecution case, in short, is that total 15.4 kilogram

                   of ganja has been recovered from the motorcycle.

                                4. Learned senior counsel for the petitioner submitted

                   that the petitioner has falsely been implicated in the present

                   case. Petitioner is in custody since 30.08.2025 and has no

                   criminal antecedent. There is no allegation of tampering of

                   witnesses alleged against the petitioner. No incriminating
Patna High Court CR. MISC. No.88307 of 2025(2) dt.12-01-2026
                                             2/3




          material has been recovered from the conscious possession of

          the petitioner. Petitioner has no concern with the alleged

          recovery. The recovered contraband is below commercial

          quantity, and hence, Section 37 of the N.D.P.S. Act is not

          applicable in the present case. There is no compliance of

          Sections 42 and 50 of the N.D.P.S. Act.

                        5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                        6. Considering the aforesaid facts and circumstances

          of the case, recovered contraband being less than the

          commercial quantity as also the period of custody undergone by

          the petitioner, this Court is inclined to grant bail to the

          petitioner.

                        7. Let the petitioner be released on bail, after framing

          of charge, if not already framed, on furnishing bail bonds of

          Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of

          the    like     amount      each     to    the       satisfaction   of   Court

          below/concerned Court in connection with Salimpur P.S. Case

          No. 239 of 2025, subject to the following conditions:

                        (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                        (II) The petitioner shall appear on each and every date
           Patna High Court CR. MISC. No.88307 of 2025(2) dt.12-01-2026
                                                       3/3




                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.

                                  (III) If the petitioner tampers with the evidence or the

                     witnesses, in that case, the prosecution will be at liberty to move

                     for cancellation of bail.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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