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Patna High Court

Kanhiya Kumar @ Kanhaiya KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                           3/3




                         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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