Sompal Kumar @ Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80882 of 2025 Arising Out of PS. Case No.-181 Year-2025 Thana- KOTWA District- East Champaran ====================================================== Sompal Kumar @ Sonu Kumar Son of Keshu Ram Resident of Village- Subri, P.S.- Nagal, District- Saharanpur (U.P.) ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kotwa P.S. Case No. 181 of 2025, NDPS G.R. Case No. 76 of 2025 instituted for the offences under Sections 8, 17(c), 18(c) of the NDPS Act.

3. Prosecution allegation, in short, is that total 4.074 kilogram of opium 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 20.05.2025 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner.

Patna High Court CR. MISC. No.80882 of 2025(2) dt.13-01-2026 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) Alok Verma/- U T