Patna High Court
Abdhesh Kumar @ Awadhesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(c), 22(c), 37, 42, 50
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
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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
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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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