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Patna High Court

Gunjan KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Bail was denied because the contraband exceeded the commercial quantity, invoking the bar under Section 37 of the NDPS Act.

Summary

Gunjan Kumar was arrested in connection with a case under the NDPS Act for alleged possession of 723.67 grams of brown sugar, which exceeds the commercial quantity. The petitioner, claiming innocence and no prior criminal record, applied for bail, arguing that the provisions of Sections 42 and 50 of the NDPS Act were not complied with. The State opposed bail, contending that the quantity recovered triggers a bar on bail under Section 37 of the NDPS Act. The Patna High Court examined the facts, noted the contraband exceeded commercial limits, and applied the statutory bar. Consequently, the court rejected the bail application, denying the petitioner's request for release.

Issues considered

  • Whether bail can be granted when the quantity of narcotic substance recovered exceeds the commercial quantity under the NDPS Act.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • commercial quantity
  • Section 37
  • drug offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91807 of 2025
                    Arising Out of PS. Case No.-288 Year-2025 Thana- NAUGACHIA District- Bhagalpur
                 ======================================================
                 Gunjan Kumar Son of Sanjay Kumar Sharma @ Sanjay Sharma R/o Village -
                 Bhavanipur, Sahu Tola Naugachhia, Distt - Bhagalpur.
                                                                             ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Prakash Chandra Jha, Advocate
                 For the Opposite Party/s :       Mr.Rajendra Prasad Nat, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   20-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in Naugachhia P.S. Case

                   No. 288 of 2025, instituted for the offences under Sections 8(C)

                   21(C) , 25 and 29 of the NDPS Act.

                               3. Prosecution allegation, in short, is that the 723.67

                   gram of brown sugar (smack) has been recovered in this case.

                               4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. The petitioner is in custody since 08.09.2025 and

                   has got no criminal antecedent. There is no allegation of

                   tampering of witnesses alleged against the petitioner. Learned

                   counsel further submits nothing has been recovered from the

                   premises and possession of the petitioner. The provision of

                   Sections 42 and 50 of the NDPS Act has not been complied.
           Patna High Court CR. MISC. No.91807 of 2025(2) dt.20-01-2026
                                                       2/2




                                 5. Learned A.P.P. for the State has vehemently

                     opposed the prayer for grant of bail to the petitioner. Learned

                     A.P.P. submits that recovered contraband is above the

                     commercial quantity, hence, there is bar under Section 37 of the

                     N.D.P.S. Act.

                                  6. Considering the aforesaid facts and circumstances

                     of the case and recovery of contraband beyond commercial

                     quantity coupled with embargo under Section 37 of the N.D.P.S.

                     Act, this Court is not inclined to grant bail to the petitioner.

                                  7. The prayer is rejected.


                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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