Patna High Court
Ramesh BarikversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner as the seized quantity was below commercial quantity and the statutory conditions for denial of bail were not satisfied.
Summary
The petitioner, Ramesh Barik, was arrested in connection with an Excise case for alleged offences under Sections 8 and 20(b)(ii)(c) of the NDPS Act, after 22.012 kg of ganja was seized, of which 6.8 kg was allegedly found in his bag. The petitioner contended that he was falsely implicated, that no contraband was recovered from his conscious possession, that the quantity involved was below the commercial threshold, and that the statutory requirements of Sections 42 and 50 of the NDPS Act were not complied with. The State opposed bail, arguing the seriousness of the drug offence. The Court examined the facts, noted the sub‑commercial quantity and the petitioner’s lack of prior record, and concluded that bail could be granted. Accordingly, the Court ordered his release on bail upon furnishing a bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail can be granted to an accused under the NDPS Act when the seized quantity is below commercial quantity
- Whether the non‑compliance of Sections 42 and 50 of the NDPS Act precludes bail
- Whether the petitioner’s alleged lack of conscious possession and clean antecedent justify bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(c), 37, 42, 50, 8
Subjects
- bail
- NDPS Act
- commercial quantity
- Section 37
- Section 42
- Section 50
- drug offence
- excise case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12155 of 2026
Arising Out of PS. Case No.-670 Year-2025 Thana- Excise P.S. District- Gaya
======================================================
Ramesh Barik Son of Nab Kishor Barik @ Navkishore Barik @ Naba
Kishore Barik Resident of Village - Ghanipur, Ps- Dalang, Dist- Puri, Odisha
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aryan Singh, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, 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 Excise
P.S. Case No. 670 of 2025, instituted for the offences punishable
under Sections 8, 20(b)(ii)(c) of the NDPS Act.
3. Prosecution allegation, in short, is that there is
recovery of total 22.012 Kg of Ganja out of which 6.8 Kg of
Ganja has been recovered from the bag of the petitioner.
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
the conscious possession of the petitioner. Learned counsel for
the petitioner further submits that the petitioner has got no
Patna High Court CR. MISC. No.12155 of 2026(2) dt.10-03-2026
2/2
concern with the alleged recovery of 6.8 Kg of Ganja. The
petitioner 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 25.06.2025 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 from the petitioner 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 Excise P.S. Case No.
670 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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