Patna High Court
Mukesh Bharati @ Bhuar BhartiversusThe 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 statutory conditions for denial of bail under the NDPS Act were not satisfied.
Summary
Mukesh Bharati was arrested in connection with a case under Sections 8 and 20(b)(i)(B) of the NDPS Act after 1.175 kg of ganja was recovered from a co‑accused, Shashi Bhushan Singh. The petitioner contended that no contraband was found in his possession, that the quantity seized was below the commercial threshold, and that the statutory requirements of Sections 42 and 50 of the NDPS Act were not complied with. The State opposed bail, arguing the seriousness of the offence. The Court examined the facts, noting the lack of incriminating material against the petitioner, his clean record, and the sub‑commercial quantity involved. Consequently, the Court granted bail on a bond of Rs 15,000 with two sureties of equal amount.
Issues considered
- Whether bail can be granted to an accused under the NDPS Act when the seized quantity is below commercial quantity
- Whether the non‑compliance of Sections 42 and 50 of the NDPS Act precludes bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(i)(B), 37, 42, 50, 8
Subjects
- bail
- NDPS Act
- drug offence
- commercial quantity
- co‑accused
- Section 42
- Section 50
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16297 of 2026
Arising Out of PS. Case No.-81 Year-2026 Thana- BHAGWAN BAZAR District- Saran
======================================================
Mukesh Bharati @ Bhuar Bharti S/o Late Yogendra Bharti R/o Village-
Sakkadi Bharati Tola, PS- Jalalpur, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Singh, Advocate
For the Opposite Party/s : Ms. Rina Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-03-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Bhagwan Bazar PS Case No. 81 of 2026 instituted for the
offences under Sections 8, 20(b)(i)(B) of the NDPS Act.
3. Prosecution allegation, in short, is that there is
recovery of 1.175 Kg of ganja from the possession of co-
accused, namely, Shashi Bhushan Singh.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. Learned counsel for
the petitioner further submits that petitioner has no concern with
Patna High Court CR. MISC. No.16297 of 2026(2) dt.13-03-2026
2/2
the recovered contraband. From perusal of the FIR, it would
reveal that there is recovery from the possession of co-accused
person. The recovered contraband is below the commercial
quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable
in the present case. The petitioner is in custody since 31.01.2026
and has got no criminal antecedent. 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, recovery below commercial quantity and 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/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Bhagwan Bazar PS
Case No. 81 of 2026.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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