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Patna High Court

Amit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
           Patna High Court CR. MISC. No.9862 of 2026(2) dt.09-03-2026
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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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