Patna High Court
Rahul Kumar @ RahulversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Rahul Kumar was arrested in connection with a Special NDPS case (No. 149(A) of 2024) for alleged offences under Sections 8, 20(B)(ii)B, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, after 8.8 kg of ganja was seized. The petitioner claimed he was falsely implicated, had no contraband in his possession and the seized quantity was below the commercial threshold, making Section 37 inapplicable and there was no compliance with Sections 42 and 50. An earlier anticipatory bail application had been rejected. The State opposed bail, but the court noted the lack of incriminating material on the petitioner and the short period of custody. Consequently, the court granted bail on a bond of Rs.15,000 with two sureties, subject to conditions regarding appearance, non‑tampering with evidence and witness intimidation.
Issues considered
- Whether bail should be granted in an NDPS case where the seized quantity is below commercial quantity and no material is found on the accused.
- Whether Sections 37, 42 and 50 of the NDPS Act are applicable to deny bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(B)(ii)B, 25, 29, 37, 42, 50, 8
Subjects
- bail
- NDPS Act
- commercial quantity
- anticipatory bail
- Section 37
- Section 42
- Section 50
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14503 of 2026
Arising Out of PS. Case No.-854 Year-2023 Thana- RAMKRISHNANAGAR District- Patna
======================================================
Rahul Kumar @ Rahul S/o Gigal Ray R/o Village- Bhairopur, P.S- Bidupur,
Dist- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Tarun Prasad Mandal, 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 Special
(NDPS) Case No. 149(A) of 2024 arising out of Ram Krishna
Nagar P.S. Case No. 854 of 2023 instituted for the offences
under Sections 8, 20(B)(ii)B, 25, 29 of the N.D.P.S. Act.
3. Prosecution case, in short, is that total 8.8 kilograms
of ganja has been recovered in this case.
4. Earlier, vide order dated 11.07.2025 passed in Cr.
Misc. No. 46628 of 2025, the prayer of the petitioner for grant
of anticipatory bail was rejected by this Court.
5. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Patna High Court CR. MISC. No.14503 of 2026(2) dt.25-02-2026
2/3
Charge-sheet has been submitted in this case. Petitioner is in
custody since 06.01.2026 and has two criminal antecedents.
There is no allegation of tampering of witnesses alleged against
the petitioner. No incriminating material has been recovered
from the conscious possession of the petitioner. Petitioner has
no concern with the alleged recovery. 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.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. 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.
8. Let the petitioner be released on bail, after framing
of charge, if not already framed, 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 Special (NDPS)
Case No. 149(A) of 2024 arising out of Ram Krishna Nagar P.S.
Patna High Court CR. MISC. No.14503 of 2026(2) dt.25-02-2026
3/3
Case No. 854 of 2023, subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or a
close family member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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