Patna High Court
Jai Bahadur Sah @ Jay Bahadur SahuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Jai Bahadur Sah was arrested on 15 October 2025 in connection with a pre‑trial NDPS case for alleged possession of 4.36 kg of ganja recovered from a motorcycle. He filed a bail petition claiming he was falsely implicated, that the seized contraband was not in his conscious possession, and that the quantity was below the commercial threshold, thus no embargo under Section 37 of the NDPS Act applied. The State opposed bail, noting a similar pending case and that the petitioner was already on bail in another matter. The Court noted that the charge was framed on 25 February 2026 and that the quantity was indeed less than commercial, and therefore granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents. The bail order was issued without delay for verification, and the petitioner was released.
Issues considered
- What is the applicability of Section 37 of the NDPS Act regarding bail when the seized quantity is less than commercial quantity?
- Whether the petitioner’s alleged lack of conscious possession and the framing of charge justify granting bail under the NDPS Act?
Legislation cited
- Bihar Narcotic Substances (Control) Act, 2023 — s. 103
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b), 20(b)(ii), 37, 8
Subjects
- bail
- NDPS Act
- narcotics
- quantity less than commercial
- pre‑trial detention
- seizure
- motorcycle
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10768 of 2026
Arising Out of PS. Case No.-203 Year-2025 Thana- BRAHMPUR District- Buxar
======================================================
Jai Bahadur Sah @ Jay Bahadur Sahu Son of Late Gopal Sah R/o Village -
Baruhan, P.S. - Bagengola, Distt. - Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar Singh, Advocate
For the State : Mr. Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 02-04-2026 Heard Mr. Anil Kumar Singh, learned counsel for the
petitioner and Mr. Syed Mojibur Rahman, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
15.10.2025, in connection with Pre-Trial N.D.P.S. Case No.
BRBU10P0015632025/ Brahampur P.S. Case No. 203 of 2025,
F.I.R. dated 14.10.2025 registered for the offences punishable
under Sections 20(b)(ii), 8, 20(b) of N.D.P.S. Act.
3. The case relates to recovery of 4.36 Kgs. of
Ganja.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. She further submits that it appears from the F.I.R.
as well as seizure list that nothing has been recovered from the
Patna High Court CR. MISC. No.10768 of 2026(3) dt.02-04-2026
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conscious possession of the petitioner rather recovery has been
made from the motorcycle and altogether 4.36 Kgs. of Ganja
was recovered from the motorcycle in question and it appears
from the F.I.R. itself that there is non compliance of Sections
103 of the B.N.S.S., 2023 and the recovered contraband is less
than the commercial quantity, so there is no embargo under
Section 37 of the N.D.P.S. Act to enlarge the petitioner on bail.
He further submits that the charge has been framed on
25.02.2026 and the petitioner is in custody since 15.10.2025.
5. Learned APP for the State, on the other hand,
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner carries one more case of similar
nature other than the present one but fairly submits on the basis
of paragraph-3 of the bail petition that the petitioner is on bail in
the pending matter.
6. Considering the facts and circumstances of the case
and the fact that the recovered contraband is less than the
commercial quantity and the charge has been framed against the
petitioner in the present case vide order dated 25.02.2026 itself,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.10768 of 2026(3) dt.02-04-2026
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Special Judge N.D.P.S. Act, Buxar in connection with Pre-Trial
N.D.P.S. Case No. BRBU10P0015632025/ Brahampur P.S. Case
No. 203 of 2025, subject to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
Patna High Court CR. MISC. No.10768 of 2026(3) dt.02-04-2026
4/4
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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