Patna High Court
Pranjal PatelversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court granted regular bail to the petitioners, subject to strict conditions, as the quantity seized was below the commercial limit and no conscious possession was established.
Summary
The petitioners, Pranjal Patel and Nitil Patel, were arrested after 12.5 kg of ganja-like substance was recovered from a motorcycle they were riding. They claimed they were falsely implicated, that the seized quantity was below the commercial threshold of 20 kg under the NDPS Act, and that the vehicle was not stolen. The State opposed their regular bail application. The court examined the facts, noting the lower quantity and lack of conscious possession, and considered the petitioners' backgrounds. It granted bail on the condition of a Rs.10,000 bond per petitioner, two sureties, and compliance with several procedural conditions. The bail was ordered subject to cancellation if the petitioners fail to appear, tamper with evidence, or are implicated in similar offenses.
Issues considered
- Whether regular bail can be granted in an NDPS case where the seized narcotic quantity is below the commercial threshold
- Whether the absence of conscious possession and the nature of the vehicle affect bail eligibility
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20B(ii)(B), 23(C), 29, 8
Subjects
- bail
- NDPS Act
- narcotic drugs
- commercial quantity
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.148 of 2026
Arising Out of PS. Case No.-395 Year-2025 Thana- LAURIA District- West Champaran
======================================================
1. Pranjal Patel Son of Harendra Patel @ Mahendra Patel Resident of village -
Somgarh, P.S.- Sathi, District - West Champaran.
2. Nitil Patel @ Nitil Kumar Son of Vinod Patel Resident of village - Somgarh,
P.S.- Sathi, District - West Champaran.
... ... 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 : Mr.Shyameshwar Dayal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners seek regular bail in Lauriya P.S.
Case No. 395 of 2025 dated 11-09-2025, registered under
Sections 8/20B(ii)(B), 23(C)/29 of the Narcotic Drugs and
Psychotropic Substance Act,1985.
3. The allegation is of recovery of 12.5 kg of ganja
like substance from a motorcycle bearing Registration No. BR
22 W 5291 on which both the petitioners were riding.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and they have been falsely implicated in
the present case. It is further submitted that no contraband has
Patna High Court CR. MISC. No.148 of 2026(2) dt.15-01-2026
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been recovered from the conscious possession of the petitioners.
It is also contended that the alleged recovery does not involve a
commercial quantity, which is 20 kilograms; rather, the recovery
is only 12.5 kilograms, which is much below the commercial
quantity. It is further submitted that the motorcycle was
purchased by one of the petitioners and was not a stolen vehicle.
Lastly, it is submitted that petitioner no. 1 has no criminal
antecedents, whereas petitioner no. 2 has one criminal case of a
different nature pending against him. Both the petitioners have
been in custody since 12.09.2025.
5. Learned Additional Public Prosecutor for the State
has opposed the prayer.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioners be released on bail upon furnishing bail bonds of
Rs.10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of the learned Exclusive Special
Judge, NDPS Act, West Champaran at Bettiah, in connection
with Lauriya P.S. Case No. 395 of 2025, subject to the following
conditions: (i) that the petitioners shall cooperate in the trial and
shall be properly represented on each and every date fixed by
the Court and on their absence on two consecutive dates without
Patna High Court CR. MISC. No.148 of 2026(2) dt.15-01-2026
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sufficient reason, their bail bond shall be cancelled by the Court
below, (ii) that one of the bailors will be their own blood
relation, preferably father, mother, brother, sister and or his
wife, (iii) that the bailors shall also state on affidavit that they
will inform the court concerned if the petitioners are made
accused in any other case of similar nature after their release in
the present case and thereafter the court below will be at liberty
to initiate the proceeding for cancellation of bail on ground of
misuse and (iv) that if the petitioners tamper with the evidence
or the witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
7. The application stands allowed.
(Khatim Reza, J)
shyambihari/-
U
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