Patna High Court
Guddu MianversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner, holding that the sub‑commercial quantity of narcotics and the absence of prior record justify bail with conditions.
Summary
Guddu Mian, a Nepalese resident, was arrested in connection with a case alleging recovery of 9 kg of ganja, alleged to be in his possession. He was charged under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023, read with Sections 8 and 20(b)(ii)(B) of the NDPS Act. The petitioner contended that he was falsely implicated, that the seized quantity was below commercial quantity, and that no incriminating material was found on his conscious possession, invoking Sections 37, 42 and 50 of the NDPS Act. The State opposed bail. The Court, noting the sub‑commercial quantity, the petitioner’s lack of prior record and the circumstances of his custody, granted bail subject to a cash bond and several conditions. The bail order includes requirements for sureties, appearance at trial, non‑tampering with evidence, and restrictions on travel.
Issues considered
- Whether bail should be granted in an NDPS case where the seized narcotic quantity is below commercial quantity.
- Whether Sections 37, 42 and 50 of the NDPS Act are applicable to the petitioner’s situation.
- Whether the petitioner’s lack of prior criminal antecedents warrants bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 317(5)
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(B), 37, 42, 50, 8
Subjects
- bail
- NDPS Act
- narcotics
- commercial quantity
- criminal procedure
- pre‑trial detention
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12144 of 2026
Arising Out of PS. Case No.-463 Year-2025 Thana- MAJORGANJ District- Sitamarhi
======================================================
Guddu Mian Son of Aziz Mian Resident of Village- Garahiya Dumaria, P.S.-
Garahiya, District-Sarlahi (Nepal)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birendra Kumar, Advocate
For the Opposite Party/s : Mrs. Renu Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 10-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Majorganj P.S. Case No. 463 of 2025, instituted for the offences
punishable under Sections 317(5) of the Bharatiya Nyaya
Sanhita, 2023, read with Sections 8, 20(b)(ii)(B) of the NDPS
Act.
3. Prosecution allegation, in short, is that there is
recovery of total 9 Kg of Ganja from the possession of the
petitioner along with other co-accused person.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.12144 of 2026(2) dt.10-03-2026
2/3
the conscious possession of the petitioner. Learned counsel for
the petitioner also submits that the petitioner has got no concern
with the alleged recovery of Ganja. It is further submitted that
the petitioner is a resident of Nepal and has been arrested only
on the basis of suspicion. 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 10.12.2025 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, the recovered contraband being below the
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/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Majorganj P.S. Case
No. 463 of 2025, subject to the following conditions:
(I) One of the bailors shall be deponent of the
petitioner namely, Md. Ishak who is the cousin of the petitioner.
Patna High Court CR. MISC. No.12144 of 2026(2) dt.10-03-2026
3/3
(II) The petitioner shall appear on each and every date
fixed at the trial and shall not remain absent on two consecutive
dates without sufficient cause.
(III) The petitioner will not tamper with the evidence
or the witnesses during the trial.
(IV) Petitioner shall not commit offence of similar
nature in future.
(V) The petitioner shall not leave the territorial
jurisdiction of the learned Court below without taking prior
permission of the Court concerned.
If any of the above conditions are violated, the Trial
Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
Checking your session…