Patna High Court

Rudal KumarversusThe State of Bihar

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

Holding

The court granted bail to the petitioner, holding that the low quantity of narcotic and lack of statutory compliance warranted release.

Summary

Rudal Kumar was arrested in connection with a case under the NDPS Act for alleged possession of 65.870 grams of cannabis, which is below the commercial quantity. The prosecution alleged offences under Sections 8(c), 21(b), 22 and 29, but no contraband was found in the petitioner's conscious possession and he had no prior criminal record. The petitioner argued that his arrest was based solely on suspicion and that the statutory requirements of Sections 42 and 50 of the NDPS Act had not been complied with. The State opposed bail, while the court noted the low quantity of the seized drug and the length of custody already endured. Consequently, the court granted bail on a bond of Rs.15,000 with two sureties.

Issues considered

Whether bail can be granted under the NDPS Act when the seized narcotic quantity is below the commercial threshold
Whether the non‑compliance of Sections 42 and 50 of the NDPS Act affects the grant of bail
Whether mere suspicion justifies continued detention in an NDPS case

Legislation cited

Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 22, 29, 37, 42, 50, 8(c)

Subjects

bail
NDPS Act
cannabis
commercial quantity
Section 37
Section 42
Section 50
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12408 of 2026
                       Arising Out of PS. Case No.-1268 Year-2025 Thana- NAGAR District- Vaishali
                 ======================================================
                 Rudal Kumar S/o Umesh Rai R/o village - Rustampur, Ward no - 15, P. S -
                 Raghopur, District - Vaishali
                                                                         ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Hemant Kumar, Advocate
                 For the Opposite Party/s :        Mr. Anil Prasad Singh, 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 connection with Hajipur

                   Town (Nagar) P.S. Case No. 1268 of 2025, instituted for the

                   offences punishable under Sections 8(c), 21(b), 22 and 29 of the

                   NDPS Act.

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

                   recovery of 65.870 gram of smack in this case.

                               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 also submits that the petitioner has got no concern

                   with the alleged recovery of smack. It is next submitted that the

                   petitioner has been arrested only on the basis of suspicion. The
             Patna High Court CR. MISC. No.12408 of 2026(2) dt.23-02-2026
                                                         2/2




                       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 16.10.2025 and has got

                       no criminal antecedent. There is no compliance of Sections 42

                       and 50 of the N.D.P.S. Act. Learned counsel for the petitioner

                       further submitted that other co-accused has been granted regular

                       bail by this Court vide order dated 20.01.2026 passed in Cr.

                       Misc. No. 91818 of 2025.

                                   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                Hajipur Town

                       (Nagar) P.S. Case No. 1268 of 2025.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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