Patna High Court
Ravi Kumar Thakur @ Ravi ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner as the seized quantity was below commercial limits and no direct possession was established.
Summary
Ravi Kumar Thakur was arrested on 6 January 2026 in connection with a Special NDPS case for alleged offences under Sections 8(c), 21(b) and 29 of the NDPS Act. The police recovered 18.55 grams of smack, which is below the commercial quantity, and the contraband was seized from a co‑accused, Hemant Kumar Yadav, who claimed to have purchased it from the petitioner. The petitioner contended that nothing was found in his conscious possession and that he was falsely implicated. The State opposed bail, noting six other pending cases against the petitioner, but acknowledged that he was already on bail in those matters. Considering the small quantity, lack of direct possession, and reliance solely on the co‑accused’s statement, the Court granted bail on a Rs.10,000 bond with three conditions, including cooperation with the trial and no tampering with evidence.
Issues considered
- Whether bail can be granted in an NDPS case when the seized quantity is less than commercial quantity and the accusation is based only on a co‑accused's statement.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 29, 37, 8(c)
Subjects
- bail
- NDPS Act
- narcotics
- commercial quantity
- co‑accused testimony
- Section 37
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16150 of 2026
Arising Out of PS. Case No.-462 Year-2025 Thana- KHAJANCHI HAT District- Purnia
======================================================
Ravi Kumar Thakur @ Ravi Thakur S/O Vinod Kumar Thakur @ Vinod
Thakur R/O Bibiganj, Kheruganj, P.S- Sadar, District- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dheeraj Kumar, Advocate
For the Opposite Party/s : Mr. Raj Ballabh Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 12-03-2026 Heard Mr. Dheeraj Kumar, learned counsel for the
petitioner and Mr. Raj Ballabh Singh, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
06.01.2026, in connection with Special (NDPS) Case No. 297 of
2025 arising out of K. Hat P.S. Case No. 462 of 2025, F.I.R.
dated 28.10.2025 registered for the offences punishable under
Sections 8(c), 21(b), 29 of the NDPS Act.
3. Recovery is of 18.55 Grams of Smack.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. He further submits that it appears from the F.I.R.
as well as seizure list that nothing was recovered from the
conscious possession of the petitioner rather recovery has been
made from co-accused person namely Hemant Kumar Yadav
who revealed that he has purchased the same from the petitioner
Patna High Court CR. MISC. No.16150 of 2026(2) dt.12-03-2026
2/3
and apart from aforesaid recovered contraband is total 18.55
grams of Smack including packets, so the recovered contraband
is less than the commercial quantity and hence there is no
embargo under Section 37 of the N.D.P.S. Act to enlarge the
petitioner on bail and apart from aforesaid nothing has been
recovered from the conscious possession of the petitioner and
petitioner has been made accused on the basis of disclosure
made by apprehended co-accused person. The petitioner is in
custody since 06.01.2026.
5. Learned APP for the State, on the other hand,
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner carries six more cases other than the
present one but fairly submits on the basis of paragraph-3 of the
bail petition that the petitioner is on bail in the pending matters.
6. Considering the facts and circumstances of the case
and the fact that the recovered contraband is less than the
commercial quantity and recovery has been made from co-
accused persons and petitioner has been made accused merely
on the basis of disclosure made by apprehended co-accused
person, let the petitioner, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.16150 of 2026(2) dt.12-03-2026
3/3
learned Special Judge (NDPS) Act, Purnea in connection with
Special (NDPS) Case No. 297 of 2025 arising out of K. Hat P.S.
Case No. 462 of 2025, with the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
Ibrar//- (Rajesh Kumar Verma, J)
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