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Patna High Court

Ramesh BarikversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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