Patna High Court
HasnainversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted as no embargo under Section 37 of the NDPS Act applies and the petitioner is entitled to bail.
Summary
Hasnain was arrested on 28 July 2025 in connection with a case under Sections 8(c) and 21(b) of the NDPS Act after 132.20 grams of brown powder was recovered from his possession. He filed a bail petition claiming a clean antecedent and that the seized quantity is below the commercial threshold, and he argued that the chargesheet was filed without a forensic science laboratory report. The State opposed bail but also conceded that the quantity was below commercial levels. The Court examined the provisions of Section 37 of the NDPS Act and held that no embargo on bail arises when the quantity is below commercial quantity. Consequently, the Court granted bail on a bond of Rs.10,000 with two sureties and imposed standard conditions for appearance and non‑tampering with evidence.
Issues considered
- Whether bail can be granted under the NDPS Act when the seized quantity is less than the commercial quantity and no embargo under Section 37 applies.
- Whether the absence of a forensic science laboratory report in the chargesheet precludes the grant of bail.
- Whether the petitioner’s clean antecedent warrants the grant of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 37, 8(c)
Subjects
- bail
- NDPS Act
- commercial quantity
- clean antecedent
- chargesheet
- forensic report
- Section 37
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90392 of 2025
Arising Out of PS. Case No.-140 Year-2025 Thana- DIGHALBANK District- Kishanganj
======================================================
Hasnain S/O Md Shakir Alam R/O Village- Doria, P.S- Jiopokhar, Distt.-
Kishanganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ram Prawesh Kumar, Advocate
For the Opposite Party/s : Mr.Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-01-2026 Heard Mr.Ram Prawesh Kumar, learned counsel for
the petitioner and Mr.Bharat Bhushan, learned Additional
Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
28.07.2025 in connection with Dighalbank P.S. Case
No.140/2025, dated 28.07.2025 registered for the offences
punishable under Sections 8(c),21(b) of NDPS Act.
3. Recovery is of 132.20 Grams of brown colour
powder like contraband substance.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. The allegation
as alleged in the FIR is false and fabricated and the petitioner
has not committed any offence as alleged in the FIR. It appears
from the FIR that altogether 132.20 Grams of brown colour
Patna High Court CR. MISC. No.90392 of 2025(2) dt.15-01-2026
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powder like contraband substance was recovered from
possession of the petitioner. Learned counsel for the petitioner
submits that the prosecution has filed the chargesheet on
20.09.2025 apart from the aforesaid, recovered contraband is
less than the commercial quantity. Hence, there is no embargo
under Section 37 of the N.D.P.S.Act for grant of bail to the
petitioner and the police, after investigation, submitted
chargesheet against the petitioner and the petitioner is in custody
since 28.07.2025.
5. Learned A.P.P. for the State, on the other hand, has
vehemently opposed the prayer for bail of the petitioner but
fairly submits that the recovered contraband is less than the
commercial quantity.
6. Considering the aforesaid facts, petitioner has clean
antecedent and the recovered contraband is less than the
commercial quantity and police, without FSL Report, has filed
the chargesheet against the petitioner, let the petitioner, above
named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Sessions Judge-cum-Special
Judge, (NDPS Act), Kishanganj in connection with Dighalbank
P.S. Case No.140/2025, with the following conditions:-
Patna High Court CR. MISC. No.90392 of 2025(2) dt.15-01-2026
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(I) 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/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) 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.
(III) 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 antecedent, 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)
Nitesh/-
U T
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