Patna High Court
Kanhiya Kumar @ Kanhaiya KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to conditions, as the quantity was below commercial quantity and the petitioner had a clean antecedent.
Summary
Kanhaiya Kumar was arrested on 25 June 2025 after 30 bottles of Onerex cough syrup were recovered from his bicycle, leading to charges under Section 21(C) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. He applied for bail, asserting a clean antecedent, that the seized quantity was below the commercial threshold, and that mandatory provisions of Sections 42 and 50 of the NDPS Act had not been complied with. The State opposed the bail application. The Court examined the facts, the low quantity of contraband, the petitioner’s clean record, and the statutory framework, and decided to grant bail on a bond of Rs 10,000 with two sureties, subject to conditions of cooperation, regular appearance, non‑tampering with evidence or witnesses, and verification of antecedents. The order also provided for cancellation of bail upon breach of any condition. Consequently, the petitioner was released on bail.
Issues considered
- Whether bail can be granted under the NDPS Act when the seized quantity is less than the commercial quantity
- Whether non‑compliance of mandatory provisions of Sections 42 and 50 of the NDPS Act bars bail
- Whether the petitioner’s clean antecedent justifies the grant of bail
- Whether Section 37 of the NDPS Act applies to enlarge the petitioner’s right to bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(C), 37, 42, 50
Subjects
- bail
- NDPS Act
- Section 21C
- commercial quantity
- clean antecedent
- mandatory provisions
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90130 of 2025
Arising Out of PS. Case No.-244 Year-2025 Thana- MAJORGANJ District- Sitamarhi
======================================================
Kanhiya Kumar @ Kanhaiya Kumar Son of Ram Bharosh Sah Resident of
Village - Majorganj Ward No. 05, P.S.- Majorganj, District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Uday Kumar, Advocate
For the State : Mr. Uday Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 15-01-2026 Heard Mr. Uday Kumar, learned counsel for the
petitioner and Mr. Uday Pratap Singh, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
25.06.2025, in connection with Majorganj P.S. Case No. 244 of
2025, F.I.R. dated 24.06.2025 registered for the offences
punishable under Sections 21(C ) of the N.D.P.S. Act.
3. The case relates to recovery of 30 bottles of
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. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
petitioner has not committed any offence as alleged in the F.I.R.
From perusal of the F.I.R. it appears that altogether 30 bottles
Patna High Court CR. MISC. No.90130 of 2025(3) dt.15-01-2026
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of ONEREX cough syrup was recovered from the bicycle of the
petitioner. Learned counsel for the petitioner submits that there
is non-compliance of mandatory provisions of Sections 42 and
50 of the N.D.P.S. Act and apart from that recovered contraband
is less than the commercial quantity and there is no embargo of
Section 37 of the N.D.P.S. Act to enlarge the petitioner on bail
and the police after investigation submitted chargesheet against
the petitioner and the petitioner is in custody since 25.06.2025.
5. The learned Additional Public Prosecutor for the
State has 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 as
well as period of custody, 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 Sessions Judge cum Special Judge
(N.D.P.S. Act), Sitamarhi in connection with Majorganj P.S.
Case No. 244 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
Patna High Court CR. MISC. No.90130 of 2025(3) dt.15-01-2026
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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.
(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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