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Patna High Court

Mausam KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted as the contraband is below commercial quantity, no material was found on the petitioner’s conscious possession, and the statutory conditions for denial of bail are not satisfied.

Summary

The petitioner, Mausam Kumar, was arrested in connection with a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act for alleged possession of 20.39 grams of cannabis resin (smack). The prosecution alleged that the contraband was recovered from the petitioner’s possession, invoking Sections 8(c), 21(b), 25 and 29 of the NDPS Act. The petitioner contended that no incriminating material was found on his conscious possession, that he was implicated solely on suspicion, and that the quantity seized was below the commercial threshold, rendering Section 37 inapplicable and noting non‑compliance of Sections 42 and 50. The State opposed bail, while the petitioner highlighted his clean record and the short period of custody since 23‑08‑2025. Considering the low quantity, lack of material on the petitioner, and the statutory safeguards, the Court granted bail on a bond of Rs.15,000 with two sureties of equal amount.

Issues considered

  • Whether bail can be granted in an NDPS case where the seized quantity is below commercial quantity and no material is recovered from the accused’s conscious possession.
  • Whether Section 37 of the NDPS Act applies to the present facts.
  • Whether the procedural requirements of Sections 42 and 50 of the NDPS Act have been complied with.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • possession
  • cannabis resin
  • commercial quantity
  • Section 37
  • Section 42
  • Section 50
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90638 of 2025
                       Arising Out of PS. Case No.-136 Year-2025 Thana- TIKAPATTI District- Purnia
                 ======================================================
                 Mausam Kumar S/o Ganesh Yadav R/o Village - Tikapatti Ward no. 10, P.S -
                 Tikapatti, District - Purnea

                                                                                    ... ... 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. Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with

                   Tikapatti P.S. Case No. 136 of 2025, instituted for the offences

                   punishable under Sections 8(c), 21(b), 25 and 29 of the NDPS

                   Act.

                               3. Prosecution allegation, in short, is that there is

                   recovery of total 20.39 gram smack from the possession of

                   petitioner along with other co-accused person.

                               4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. Learned counsel for
             Patna High Court CR. MISC. No.90638 of 2025(2) dt.13-01-2026
                                                         2/2




                       the petitioner also submits that the petitioner has got no concern

                       with the alleged recovery of smack. It is further submitted that

                       the petitioner has been arrested only on the basis of suspicion.

                       The recovered contraband is below the commercial quantity.

                       Hence, Section 37 of the N.D.P.S. Act is not applicable in the

                       present case. The petitioner is in custody since 23.08.2025 and

                       has got no criminal antecedent. 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, the recovered contraband being below the

                       commercial quantity and 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 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 Tikapatti P.S. Case

                       No. 136 of 2025.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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