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Patna High Court

Ritesh KumarversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The court held that bail cannot be granted as the recovery of a commercial quantity of narcotic creates a reasonable belief of guilt and a risk of reoffending, and the statutory conditions under Section 37 of the NDPS Act are not met.

Summary

The petitioner, Ritesh Kumar, was arrested on 24‑12‑2025 for alleged offences under Sections 8(c) and 21(c) of the NDPS Act after police recovered about 300 g of a substance described as “Brown Sugar” and cash from his residence and motorcycle. He pleaded that he has a clean record, the FIR is fabricated, and the investigation violated mandatory provisions of Section 50 of the NDPS Act and Sections 103 and 105 of the BNSS, 2023. The State opposed bail, arguing that the quantity seized constitutes a commercial amount, which under Section 37 of the NDPS Act warrants denial of bail. The court examined Supreme Court precedents on bail in NDPS cases involving commercial quantities and found no material indicating the petitioner’s lack of knowledge or that he would not reoffend if released. Consequently, the court refused the bail application, holding that the statutory criteria for bail were not satisfied.

Issues considered

  • Whether bail can be granted when a commercial quantity of narcotic is seized under the NDPS Act.
  • Whether alleged procedural lapses under Section 50 of the NDPS Act and Sections 103, 105 of the BNSS, 2023, affect the grant of bail.
  • Whether the petitioner’s claim of a forged FIR and lack of knowledge of the contraband is sufficient to merit bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • commercial quantity
  • Section 37
  • narcotics
  • procedural compliance
  • fabricated FIR

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20319 of 2026
                       Arising Out of PS. Case No.-191 Year-2025 Thana- FULKAHA District- Araria
                 ======================================================
                 Ritesh Kumar S/o- Kapildev Paswan R/v- Madhura Uttar, W.No-1, Ps-
                 Fulkaha Dist- Araria

                                                                                     ... ... Petitioner
                                                       Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Gopal Kumar Jha, Advocate
                 For the Opposite Party/s :       Ms. Madhuri Lata, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   31-03-2026                     Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   24.12.2025 in connection with Fulkaha P.S. Case No. 191 of

                   2025 for the offences punishable under Sections 8(c)/21(c) of

                   the NDPS Act.

                               3. The prosecution story, in brief, is that the informant

                   gave written application to the S.H.O. Fulkaha Police Station

                   alleging therein that on 23.12.2025 at about 20:45 hrs, he

                   received information that the petitioner was involved in the sale

                   and smuggling of narcotic substance from his house. Based on

                   this information, a team was constituted. The raiding team

                   reached the house of the petitioner. During the search of the

                   house of the petitioner, a substance resembling "Brown Sugar"
Patna High Court CR. MISC. No.20319 of 2026(2) dt.31-03-2026
                                            2/4




          and Rs. 10,590/- were recovered. Upon inquiry about the

          "Brown Sugar" the petitioner stated that he buys it from one

          Nasim whose mobile number is 9798017741. The petitioner

          further disclosed that some "Brown Sugar" was also kept in his

          Bajaj Pulsar motorcycle. Thereafter the informant searched the

          motorcycle a substance resembling "Brown Sugar" was

          recovered. Upon weighing the "Brown Sugar" recovered from

          the spot was found to be 300 gram, and accordingly the seizure

          list was prepared.

                      4.    Learned counsel for the petitioner submits that

          petitioner has clean antecedent and he has falsely been

          implicated in the present case. It is further submitted that the

          allegation as alleged in the FIR is forged and fabricated and the

          petitioner has not committed any offence as alleged in the FIR.

          It is next submitted that from bare perusal of the FIR it appears

          that altogether 300 gms of Brown Sugar and Rs.10,590/- was

          recovered from the possession of the petitioner.       It is next

          submitted that there is non-compliance of mandatory provisions

          of Section 50 of NDPS Act and Sections 103 and 105 of BNSS,

          2023.

                      5. The learned Additional Public Prosecutor for the

          State, on the other hand, has vehemently opposed the prayer for
Patna High Court CR. MISC. No.20319 of 2026(2) dt.31-03-2026
                                            3/4




          bail of the petitioner and submits that the recovered contraband

          is more than commercial quantity.

                       6.    The grant of bail in NDPS cases where the

          recovery of commercial quantity of narcotic is alleged is

          circumscribed        under      Narcotic      Drugs   and   Psychotropic

          Substance Act, 1985, Section 37 which says that before grant of

          bail, the Court must have reason to believe that petitioners have

          not committed the offence and in the event of release he would

          not commit similar offence.

                       7. The issue was considered by the Hon’ble Supreme

          Court in the case of State of Kerala and Ors. Vs. Rajesh and

          Ors. reported in (2020) 12 SCC, 122 as well as in the case of

          Narcotic Control Bureau Vs. Mohit Aggarwal reported in

          AIR 2022 SC 3444 and Union of India vs. Ajay Kumar Singh

          @ Pappu reported in 2023 SCC OnLine SC 3456 dated

          28.03.2023.

                       8. The recovery of huge quantity of contraband

          recovered         would not justify that the petitioner had no

          knowledge of the narcotic nor there is any material to

          substantiate that the petitioner would not commit such offence

          in the event of release.

                       9. Hence, I am not inclined to enlarge the petitioner
           Patna High Court CR. MISC. No.20319 of 2026(2) dt.31-03-2026
                                                       4/4




                     on bail in connection with Fulkaha P.S. Case No. 191 of 2025

                     pending in the Court of learned Sessions Judge cum Special

                     Judge (NDPS Act), Araria.

                                  10. Prayer is refused.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T


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