Patna High Court
MahboobversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted as the seized narcotic quantity is below commercial quantity and the statutory conditions for denial of bail are not met.
Summary
The petitioners, Mahboob and Md. Rashid, were arrested in connection with a case under Sections 8(c) and 21(b) of the NDPS Act after 30 small packets of Smack (approximately 7 grams) were recovered. They claimed false implication, had no prior criminal record, and no contraband was found in their possession. The prosecution argued against bail, but the court noted that the seized quantity was below the commercial threshold, making Section 37 inapplicable, and that Sections 42 and 50 of the NDPS Act were not complied with. Considering the minimal quantity, lack of incriminating material, and the petitioners' custody period, the court decided to grant bail. The bail was ordered on the condition of a Rs. 15,000 bond each with two sureties of equal amount.
Issues considered
- Whether bail can be granted in an NDPS case where the seized narcotic quantity is below commercial quantity.
- Whether the non‑application of Section 37 and the lack of compliance with Sections 42 and 50 of the NDPS Act justify bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 37, 42, 50, 8(c)
Subjects
- bail
- NDPS Act
- small quantity
- commercial quantity
- Section 37
- Section 42
- Section 50
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2465 of 2026
Arising Out of PS. Case No.-187 Year-2025 Thana- R S P.S. District- Araria
======================================================
1. Mahboob S/o Late Shahbuddin Resident of village - Rajokhar, ward no. 5,
P.S.- R.S., Distt.- Araria
2. Md. Rashid @ Rasid S/o Md. Mojahid Ansari Resident of village -
Rajokhar, ward no. 5, P.S.- R.S., Distt.- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramesh Kumar Singh, Adv.
For the Opposite Party/s : Mr. Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 21-01-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in connection with R.S.
P.S. case No. 187 of 2025 instituted for the offences under
Sections 8(c), 21(b) of the N.D.P.S. Act.
3. Prosecution case, in short, is that 30 small packets
of Smack, weighing about 7 grams has been recovered in this
case.
4. Learned counsel for the petitioners submitted that
the petitioners have falsely been implicated in the present case.
Charge-sheet has been submitted in this case. Petitioners are in
custody since 10.10.2025 and have no criminal antecedent.
Patna High Court CR. MISC. No.2465 of 2026(2) dt.21-01-2026
2/2
There is no allegation of tampering of witnesses alleged against
the petitioners. No incriminating material has been recovered
from the conscious possession of the petitioners. 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 Section 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 petitioners.
6. Considering the aforesaid facts and circumstances
of the case, and the recovered contraband being less than the
commercial quantity as also the period of custody undergone by
the petitioners, this Court is inclined to grant bail to the
petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with
two sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with R.S. P.S. case No.
187 of 2025.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
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