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Patna High Court

Rahul Ray @ Rahul Kumar RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted as the quantity was below the commercial threshold and statutory non‑compliance removed the embargo under Section 37 of the NDPS Act.

Summary

The petitioner Rahul Ray was arrested on 03‑12‑2025 in connection with a case arising from an FIR dated 02‑12‑2025 alleging possession of 10.5 grams of a smack‑like substance, offences under Sections 8(C) and 21(b) of the NDPS Act. He applied for bail, asserting a clean criminal record, that the FIR was fabricated, and that the prosecution failed to comply with mandatory provisions of Sections 42 and 50 of the NDPS Act and Sections 103/105 of the Bihar Narcotic Substances (Suppression) Act, 2023. The prosecution opposed the bail application. The court observed that the seized quantity was below the commercial threshold, the petitioner had no prior convictions, and there was a lapse in statutory compliance, thereby finding no ground for invoking the embargo under Section 37 of the NDPS Act. Accordingly, the court granted bail on a bond of Rs 10,000 with two sureties, subject to conditions of cooperation, regular appearance, non‑tampering with evidence, and verification of antecedents, and directed that bail not be delayed for verification purposes.

Issues considered

  • Whether bail can be granted to an accused under Sections 8(C) and 21(b) of the NDPS Act when the quantity seized is less than the commercial quantity.
  • Whether non‑compliance with Sections 42 and 50 of the NDPS Act and Sections 103/105 of the Bihar Narcotic Substances (Suppression) Act, 2023 bars the grant of bail.
  • Whether the claim of a false FIR and the petitioner’s clean antecedent affect the bail decision.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • drug possession
  • quantity
  • non‑compliance
  • false FIR
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20916 of 2026
                     Arising Out of PS. Case No.-359 Year-2025 Thana- BANMANKHI District- Purnia
                 ======================================================
                 Rahul Ray @ Rahul Kumar Ray S/o Late Ram Sevak Ray R/o Village -
                 Maeveshi Hat, Ward no. 13, Banmankhi, P.S. - Banmankhi, Dist. - Purnea.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Bipin Kumar, Advocate
                 For the Opposite Party/s :      Mr. Mithlesh Kumar Khare, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   30-03-2026                      Heard Mr. Bipin Kumar, learned counsel for the

                   petitioner and Mr. Mithlesh Kumar Khare, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   03.12.2025 in connection with Special Case No. 18 of 2026

                   arising out of Banmankhi P.S. Case No. 359 of 2025, F.I.R.

                   dated 02.12.2025 for the offences punishable under Sections

                   8(C) and 21(b) of the N.D.P.S. Act.

                               3.     According to prosecution case, 10.5 grams of

                   smack like substance including the packet was recovered from

                   the possession of the petitioner.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. The allegation as alleged in the
Patna High Court CR. MISC. No.20916 of 2026(2) dt.30-03-2026
                                            2/3




          FIR is false and fabricated and the petitioner has not committed

          any offence as alleged in the FIR. He further submits that it

          appears from the FIR as well as seizure list that altogether 10.5

          grams of smack like substance has been recovered from the

          possession of the petitioner including the paper. He further

          submits that there is non-compliance of the mandatory provision

          of Sections 42 and 50 of the N.D.P.S. Act and Section 103/105

          of the BNSS, 2023 and it appears that the recovered contraband

          is more than the small quantity but less than the commercial

          quantity. Hence, there is no embargo under Section 37 of the

          N.D.P.S. Act for grant of bail to the petitioner. The petitioner is

          in custody since 03.12.2025.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          that the petitioner has clean antecedent, the recovered

          contraband is less than the commercial quantity and there is

          non-compliance of Section 50 of the NDPS Act as well as

          Section 103/105 of the BNSS, 2023, let the petitioner, above

          named, be released on bail on furnishing bail bond of Rs.

          10,000/- (Ten Thousand) with two sureties of the like amount

          each to the satisfaction of the learned Special Judge, NDPS Act,
            Patna High Court CR. MISC. No.20916 of 2026(2) dt.30-03-2026
                                                        3/3




                      Purnea in connection with Special Case No. 18 of 2026 arising

                      out of Banmankhi P.S. Case No. 359 of 2025, subject to the

                      following conditions:-

                                    i. 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.

                                    ii. If the petitioner tampers with the evidence or the

                       witnesses, in that case, the prosecution will be at liberty to

                       move for cancellation of bail.

                                   iii. 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)
Vanisha/-
U      T


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