Patna High Court
Dhirendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that the procedural deficiencies and the sub‑commercial quantity justified granting bail to the petitioner.
Summary
The petitioner, Dhirendra Kumar, was arrested on 11 February 2026 in connection with a case involving the alleged recovery of 445 grams of ganja from his residence, alleged offences under Sections 8 and 20(B)(ii)(A) of the NDPS Act, 1985. He filed a bail petition claiming a clean antecedent, false implication, and that the seizure did not comply with mandatory provisions of Section 50 of the NDPS Act nor Section 103 of the Bihar Narcotic Substances (Control) Act, 2023, and that the quantity was below commercial threshold, negating an embargo under Section 37. The State opposed bail. The High Court, after considering the facts and the alleged procedural lapses, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence or witnesses, and verification of criminal antecedent. The order directed that acceptance of bail not be delayed for verification purposes.
Issues considered
- Whether the petitioner is entitled to bail despite alleged offences under the NDPS Act.
- Whether non‑compliance with Section 50 of the NDPS Act and Section 103 of the B.N.S.S., 2023, and the sub‑commercial quantity of the seized narcotic negate the statutory embargo on bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 — s. 20(B)(ii)(A), 37, 50, 8
Subjects
- bail
- NDPS Act
- drug possession
- commercial quantity
- Section 50
- Section 103
- verification of antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19650 of 2026
Arising Out of PS. Case No.-43 Year-2026 Thana- KATORIYA District- Banka
======================================================
Dhirendra Kumar S/o Basudeo Sah R/o Village- Radha Nagar, Hathgarh, P.S-
Katoriya, Dist- Banka.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Rajdeep, Advocate
For the State : Mr. Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 25-03-2026 Heard Mr. Kumar Rajdeep, learned counsel for the
petitioner and Mr. Nawal Kishore Prasad, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
11.02.2026, in connection with Katoria P.S. Case No. 43 of 2025,
F.I.R. dated 09.02.2026 registered for the offences punishable
under Sections 8, 20(B)(ii)(A) of the N.D.P.S. Act, 1985.
3. The case relates to recovery of 445 grams of Ganja.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent 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 altogether 445 grams of Ganja like
substance from black colored polythene was recovered from the
house of the petitioner. Learned counsel for the petitioner further
Patna High Court CR. MISC. No.19650 of 2026(2) dt.25-03-2026
2/3
submits that there is non compliance of mandatory provisions of
Section 50 of the N.D.P.S. Act and also there is non compliance of
Section 103 of the B.N.S.S., 2023 and the recovered contraband is
less than the commercial quantity, so there is no embargo under
Section 37 of the N.D.P.S. Act to enlarge the petitioner on bail.
The petitioner is in custody since 11.02.2026.
5. Learned APP for the State, on the other hand,
vehemently opposed the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case
and the fact that the petitioner having clean antecedent and there is
non compliance of mandatory provisions of Section 50 of the
N.D.P.S. Act and 103 of the B.N.S.S, 2023 and the recovered
contraband is less than the commercial quantity, 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 learned Sessions Judge cum
Special Judge (NDPS Act), Banka in connection with Katoria P.S.
Case No. 43 of 2025, subject to 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.
Patna High Court CR. MISC. No.19650 of 2026(2) dt.25-03-2026
3/3
(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
antecedent, 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.
(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
antecedent, 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.
(Rajesh Kumar Verma, J)
Ibrar//-
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