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Patna High Court

Pranjal PatelversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                       3/3




                     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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