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Patna High Court

Tuntun RishiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail must be granted as the statutory conditions for denial under the NDPS Act were not met, given the sub‑commercial quantity and the petitioner’s clean antecedents.

Summary

Petitioner Tuntun Rishi was arrested on 16 June 2025 in connection with a Special NDPS case alleging possession of 25.08 grams of smokeless tobacco (smack) and offences under Sections 317(4), 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 8(c), 21(b) of the NDPS Act. The petitioner claimed false implication, had no prior criminal record, and no contraband was found in his possession; the seized quantity was below the commercial threshold, rendering Section 37 inapplicable and there was no evidence of witness tampering or compliance with Sections 42 and 50 of the NDPS Act. The State opposed bail. The High Court, considering the low quantity, the petitioner’s clean record, and the statutory safeguards, granted bail subject to a bond of Rs.15,000 with two sureties and conditions regarding court appearances and non‑tampering. The bail order was issued by Justice Rudra Prakash Mishra.

Issues considered

  • Whether bail should be granted in an NDPS case where the seized narcotic quantity is below commercial quantity.
  • Whether Sections 42, 50 and 37 of the NDPS Act are applicable to deny bail.
  • Whether the petitioner’s lack of prior record and absence of incriminating material in his possession warrant bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • narcotics
  • commercial quantity
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • presumption of innocence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2396 of 2026
                    Arising Out of PS. Case No.-288 Year-2025 Thana- PURNEA SADAR District- Purnia
                 ======================================================
                 Tuntun Rishi S/o Late Arajun Rishi Resident of vill- Nageshwar Bagh, P.S-
                 Sadar, Distt.- Purnea

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Amit Kumar Anand, Advocate
                 For the Opposite Party/s :       Mr. Shyam Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   21-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Special

                   (NDPS) Case No. 236 of 2025, CIS No. 236 of 2025 arising out

                   of Sadar P.S. Case No. 288 of 2025 instituted for the offences

                   under Sections 317(4), 317(5) of the Bharatiya Nyaya Sanhita,

                   2023 and Sections 8(c), 21(b) of the N.D.P.S. Act.

                               3. Prosecution case, in short, is that total 25.08 grams

                   of smack has been recovered in this case.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case.

                   Charge-sheet has been submitted in this case. Petitioner is in

                   custody since 16.06.2025 and has no criminal antecedent. There
Patna High Court CR. MISC. No.2396 of 2026(2) dt.21-01-2026
                                            2/3




          is no allegation of tampering of witnesses alleged against the

          petitioner. No incriminating material has been recovered from

          the conscious possession of the petitioner. Petitioner has no

          concern with the alleged recovery. The recovered contraband is

          below commercial quantity, and hence, Section 37 of the

          N.D.P.S. Act is not applicable in the present case. 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, recovered contraband being less than the

          commercial quantity as also 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/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Special (NDPS)

          Case No. 236 of 2025, CIS No. 236 of 2025 arising out of Sadar

          P.S. Case No. 288 of 2025, subject to the following conditions:

                        (I) One of the bailors shall be own/close member of

          the family of the petitioner.
           Patna High Court CR. MISC. No.2396 of 2026(2) dt.21-01-2026
                                                       3/3




                                  (II) The petitioner shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.

                                  (III) 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.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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