Patna High Court
Tuntun RishiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 317(4), 317(5)
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 37, 42, 50, 8(c)
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
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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.
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(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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