Patna High Court
Amit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner, subject to bond and conditions.
Summary
The petitioner, Amit Kumar, was arrested in connection with a case alleging possession of 10.83 grams of heroin, part of a total seizure of 22.46 grams, and charged under Sections 8(c), 21(b) and 29 of the NDPS Act and Section 111(2)(b) of the Bharatiya Nyaya Sanhita, 2023. The petitioner claimed innocence, argued that the seized quantity was below the commercial threshold, and that no incriminating material was found on him, also noting his lack of prior criminal record and non‑compliance with Sections 42 and 50 of the NDPS Act. The State opposed bail, while the petitioner’s counsel sought release on bail. The Court considered the low quantity, the period of custody, and the absence of a commercial‑quantity offence, and decided to grant bail with a bond of Rs.15,000 and two sureties, imposing conditions of family surety, regular court appearances, and possible cancellation on default. The bail order was pronounced by Justice Rudra Prakash Mishra.
Issues considered
- Whether bail should be granted to a person accused of possession of heroin below commercial quantity under the NDPS Act.
- Whether Sections 42 and 50 of the NDPS Act have been complied with, affecting bail eligibility.
- Whether the applicability of Section 37 of the NDPS Act precludes bail in this case.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 111(2)(b)
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 29, 37, 42, 50, 8(c)
Subjects
- bail
- NDPS Act
- heroin possession
- commercial quantity
- criminal procedure
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9862 of 2026
Arising Out of PS. Case No.-952 Year-2025 Thana- JAKKANPUR District- Patna
======================================================
Amit Kumar S/o Hakim Ray R/o Village - Tereshiya, Ward No. 12, P.S -
Gangabridge, District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 09-03-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Jakkanpur PS Case No. 952 of 2025 instituted for the offences
under Sections 8(c), 21(b) & 29 of the NDPS Act and Section
111(2)(b) of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution allegation, in short, is that total 22.46
grams heroine, out of which 10.83 grams was recovered from
the petitioner’s possession.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Charge-sheet been submitted in this case. No
incriminating material has been recovered from the conscious
Patna High Court CR. MISC. No.9862 of 2026(2) dt.09-03-2026
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possession of the petitioner. Learned counsel for the petitioner
further submits that petitioner has no concern with the recovered
contraband. 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 03.12.2025
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, recovery below 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/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Jakkanpur PS Case
No. 952 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of the
family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
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consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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