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Patna High Court

Anish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner.

Summary

Anish Kumar was arrested on 26-07-2025 in connection with a case where police recovered 4.9 kg of ganja from co-accused persons. The petitioner contended that no contraband was found in his personal possession, that the seized quantity was below the commercial threshold, and that Sections 37, 42 and 50 of the NDPS Act were not applicable. He also highlighted that he has a single prior criminal antecedent and that another co-accused had already been granted bail. The State opposed the bail application. Considering the limited quantity, lack of incriminating material against the petitioner, and the principle of parity with the co-accused, the Court decided to grant bail. The petitioner was released on a bail bond of Rs.15,000 with two sureties of the same amount.

Issues considered

  • Whether bail should be granted to the petitioner under the Narcotic Drugs and Psychotropic Substances Act in view of the facts of the case

Legislation cited

Subjects

  • bail
  • NDPS Act
  • narcotics
  • commercial quantity
  • Section 37
  • Section 42
  • Section 50
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.1158 of 2026
                    Arising Out of PS. Case No.-229 Year-2025 Thana- CHHAURADANO District- East
                                                       Champaran
                 ======================================================
                 Anish Kumar S/O Late Birendra Rai Resident of Village- Dostiyan, P.S.-
                 Lakhaura, District- East Champaran.

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    The Union of India

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Dhurendra Kumar, Advocate
                 For the Opposite Party/s :     Mr. Anand Kishore Choudhary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   20-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with

                   Chhauradano P.S. Case No. 229 of 2025 instituted for the

                   offence under Sections 3, 20(B)IIB, 23(b), 25 & 29 of the NDPS

                   Act.

                           3.       Prosecution case, in a nutshell, is that on secret

                   information police conducted raid and recovered 4.900 Kg ganja

                   from the possession of co-accused persons, including the

                   petitioner.

                           4.       It has been submitted on behalf of the petitioner

                   that the petitioner is in custody since 26.07.2025. Petitioner
Patna High Court CR. MISC. No.1158 of 2026(2) dt.20-01-2026
                                            2/3




          bears one criminal antecedents, as per disclosure made in

          paragraph No. 3 of the bail application.

                  5.      It has been further submitted by the petitioner’s

          counsel that petitioner has been falsely implicated in the present

          case. No incriminating material has been recovered from the

          conscious 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. There is no compliance of

          Sections 42 and 50 of the N.D.P.S. Act. Other co-accused has

          been granted bail by this Court vide order dated 12-01-2026,

          passed in Cr. Misc. No. 86137 of 2025.

                  6.      Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                  7.      Considering the aforesaid facts and circumstances

          of the case, period of custody of the petitioner, recovery below

          commercial quantity and claim based on parity, this Court is

          inclined to grant bail to the petitioner.

                  8.      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
           Patna High Court CR. MISC. No.1158 of 2026(2) dt.20-01-2026
                                                       3/3




                     below/concerned Court in connection with Chhauradano P.S.

                     Case No. 229 of 2025.


                                                                  (Rudra Prakash Mishra, J)

Raj Kishore/-
U      T


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