Patna High Court
Veer AbhimanyuversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Veer Abhimanyu, was charged under sections 8 and 20(b)(ii) B of the NDPS Act for alleged possession of 10 kg of a ganja-like substance recovered from an Alto car. He contended that he was merely seated in the driver’s seat and had no knowledge or control over the contraband, which was found in the rear seat where another individual was seated. The petitioner argued that the quantity, though exceeding the small quantity threshold, was far below the commercial quantity, and thus Section 37 of the NDPS Act should not apply. The State opposed the bail application, asserting the seriousness of the offence. After considering the facts, the court found merit in the petitioner’s claim of lack of possession and granted regular bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite alleged possession of 10 kg of narcotic substance under the NDPS Act.
- Whether Section 37 of the NDPS Act applies given the quantity is less than commercial quantity.
- Whether the petitioner had knowledge or control over the contraband recovered from the vehicle.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii) B, 37, 8
Subjects
- NDPS Act
- bail
- possession
- section 8
- section 20
- section 37
- quantity thresholds
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20835 of 2026
Arising Out of PS. Case No.-87 Year-2025 Thana- FCI District- Begusarai
======================================================
Veer Abhimanyu S/o- Indradeo Yadav Resident of village - Kishanpur, P.S-
Amhara, District- Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Binay Kumar, Advocate
For the Opposite Party/s : Mr.Dr. Kumar Uday Pratap, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 02-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 8, 20 (b) (ii)
B of the NDPS Act.
3. The prosecution case, in brief, is that a total of 10
kg of ‘ganja’ like substance was recovered from an Alto car.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that,
from a perusal of the F.I.R. itself, it is evident that the petitioner
was seated on the driver’s seat, whereas the alleged recovery
was made from the rear seat, where one Saurabh Kumar was
sitting. It is further submitted that the petitioner was unaware of
Patna High Court CR. MISC. No.20835 of 2026(2) dt.02-04-2026
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the said contraband and that nothing has been recovered from
his conscious possession. It is also submitted that the witnesses
to the seizure list are police personnel. It is further submitted
that although the alleged recovery is more than the small
quantity, it is much less than the commercial quantity; as such,
the rigours of Section 37 of the N.D.P.S. Act would not apply.
5. Learned A.P.P. has vehemently opposed the prayer
for bail.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with NDPS P.S. Case No. 98 of 2025 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Principal Sessions Judge, Begusarai.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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