Patna High Court
Saheb AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PURNENDU SINGH
Holding
Pre‑arrest bail was denied because the case involved a commercial quantity of narcotics, in line with Supreme Court precedent.
Summary
The petitioner, Saheb Ansari, applied for pre‑arrest bail in a case registered under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 for alleged offences under Sections 8, 20(b)(ii)(c) and 29. The seizure list indicated a commercial quantity of narcotics, prompting the State to oppose bail. The learned counsel for the petitioner argued for bail, while the State's assistant public prosecutor opposed it. Justice Purnendu Singh, referring to the Supreme Court’s decision in State by the Inspector of Police (2024) INSC 114, held that the presence of a commercial quantity precludes the grant of pre‑arrest bail. Consequently, the bail application was dismissed.
Issues considered
- Whether pre‑arrest bail can be granted in an NDPS case involving a commercial quantity of narcotics
- Interpretation of Sections 8, 20(b)(ii)(c) and 29 of the NDPS Act in the context of bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(c), 29, 8
Subjects
- pre‑arrest bail
- NDPS Act
- commercial quantity
- high court
- bail dismissal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1278 of 2026
Arising Out of PS. Case No.-110 Year-2024 Thana- DHANAHA District- West Champaran
======================================================
Saheb Ansari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sharad Kumar Verma, Advocate
For the Opposite Party/s : Dr. Indiwar Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 03-04-2026 Heard learned counsel appearing on behalf of the
petitioner and the learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Dhanaha P.S.case No.110 of 2024, registered for the
offences punishable under Section 8/20(b)(ii)(c) and 29 of
Narcotic Drugs and Psychotropic Substances Act, 1985.
3. Considering the commercial quantity as per the
seizure list, I am not inclined to enlarge the petitioner on pre-
arrest bail, in the light of the law laid down by the Apex Court
in the case of State by the Inspector of Police reported in 2024
INSC 114.
4. The present bail application is accordingly
dismissed.
(Purnendu Singh, J)
chn/-
U T
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