Patna High Court

Debu Das @ Debu MahtoversusThe State of Bihar

Decided: 23 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court held that bail should be granted to the petitioner despite the recovery of narcotics, as the quantity was below commercial level and no incriminating material was found on him.

Summary

The petitioner, Debu Das, was arrested in connection with a case under Sections 20 and 22 of the NDPS Act after 5.300 kg of ganja was recovered from his house. He contended that he had no knowledge of the contraband, that none was found in his personal possession, and that the quantity was below the commercial threshold, rendering Section 37 inapplicable. The State opposed bail, arguing the seriousness of the offence. The court examined the lack of incriminating material on the petitioner, his clean record, and the fact that the seized quantity was below commercial levels, noting non‑compliance with Sections 42 and 50 of the NDPS Act. Considering these factors, the court granted bail subject to a cash bond and sureties, with conditions for regular appearance in court.

Issues considered

Whether bail can be granted under the NDPS Act when the seized narcotic quantity is below commercial quantity
Whether Section 37 of the NDPS Act applies in the present case
Whether the non‑compliance of Sections 42 and 50 of the NDPS Act bars bail

Legislation cited

Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20, 22, 37, 42, 50

Subjects

bail
NDPS Act
narcotic possession
commercial quantity
Section 37
Section 42
Section 50
presumption of guilt

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11096 of 2026
                     Arising Out of PS. Case No.-432 Year-2025 Thana- LADANIA District- Madhubani
                 ======================================================
                 Debu Das @ Debu Mahto S/o Late Janak Mahto R/o Village - Sarsara Tol,
                 Pathrahi, Ward No. 4, P.S - Ladaniya, District - Madhubani


                                                                                  ... ... Petitioner/s
                                                       Versus

                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Subhash Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr. Dr. Ajeet Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   23-02-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in Ladaniya PS Case No.

                   432 of 2025 instituted for the offences under Sections 20 & 22

                   of the NDPS Act.

                           3.       Prosecution allegation, in short, is that there is

                   recovery of 5.300 Kg ganja from the house of the petitioner.

                           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

                   possession of the petitioner. Learned counsel for the petitioner
Patna High Court CR. MISC. No.11096 of 2026(2) dt.23-02-2026
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          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 01.01.2026

          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 Ladaniya PS Case

          No. 432 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

          consecutive dates, the Trial Court will have liberty to cancel the
           Patna High Court CR. MISC. No.11096 of 2026(2) dt.23-02-2026
                                                       3/3




                     bail bonds of the petitioner.


                                                                 (Rudra Prakash Mishra, J)

Raj Kishore/-

U      T

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