Patna High Court
Ravi KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted as the seized quantity was below commercial quantity and the petitioner had no possession, rendering Sections 37, 42 and 50 inapplicable.
Summary
Ravi Kumar was arrested in connection with a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act for alleged possession of 65.870 grams of cannabis resin. The prosecution alleged that the contraband was recovered from a vehicle, but the petitioner claimed he was falsely implicated, had no prior criminal record, and did not own the vehicle or have the contraband in his conscious possession. The defence argued that the quantity recovered was below the commercial threshold, making Section 37 inapplicable, and that the procedural requirements of Sections 42 and 50 of the NDPS Act were not complied with. The court, considering the low quantity, lack of possession, and the petitioner’s clean record, decided to grant bail subject to a cash bond and sureties, and imposed conditions for appearance. The bail order was pronounced by Justice Rudra Prakash Mishra.
Issues considered
- Whether bail can 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 possession and clean antecedent justify bail despite the charges under Sections 8(c), 21(b), 22 and 29 of the NDPS Act.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21, 22, 29, 37, 42, 50, 8
Subjects
- NDPS Act
- bail
- commercial quantity
- false implication
- possession
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13771 of 2026
Arising Out of PS. Case No.-1268 Year-2025 Thana- NAGAR District- Vaishali
======================================================
Ravi Kumar S/o- Lal Bahadur Rai Village - Rustampur, P.S - Rustampur
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. Ajit Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 25-02-2026 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 under Sections 8(c), 21(b), 22 and 29 of the N.D.P.S.
Act.
3. Prosecution case, in short, is that total 65.870 gram
smack has been recovered in this case.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Charge-sheet has been submitted in this case. Petitioner is in
custody since16.10.2025 and has no criminal antecedent. There
is no allegation of tampering of witnesses alleged against the
Patna High Court CR. MISC. No.13771 of 2026(2) dt.25-02-2026
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petitioner. No incriminating material has been recovered from
the conscious possession of the petitioner. Petitioner has no
concern with the alleged recovery. Learned counsel further
contended that petitioner is not the owner of the vehicle from
which the alleged recovery has been made. The recovered
contraband is below commercial quantity, and hence, Section 37
of the N.D.P.S. Act is not applicable in the present case. 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, recovered contraband being less than the
commercial quantity as also 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, subject to the following
conditions:
(I) One of the bailors shall be own/close member of
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the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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