Patna High Court
Pravin Rai @ PrabinversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court held that the petitioners are entitled to regular bail.
Summary
The petitioners, two Nepalese nationals, were arrested in Araria, Bihar after police recovered 33 grams of a brown, smack‑like substance and mobile phones from their possession. They filed a regular bail application under Sections 8(c) and 21(B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, claiming innocence and alleging procedural lapses in the seizure. The petitioners argued that no contraband was found on the second accused, that the quantity seized from the first was below commercial levels, and that mandatory provisions of Sections 42, 43 and 50 of the NDPS Act were not complied with. The State opposed the bail, contending that the seizure was lawful and the quantity sufficient to deny regular bail. After considering the facts, the court noted the lack of independent witnesses to the seizure list and the petitioners’ clean record, and found no compelling reason to refuse bail. Consequently, the court ordered the release of both petitioners on regular bail upon furnishing the required bonds and sureties.
Issues considered
- Whether the petitioners are entitled to regular bail under the NDPS Act despite the seizure of narcotic substances.
- Whether the mandatory procedural requirements of Sections 42, 43 and 50 of the NDPS Act were complied with in the seizure.
- Whether the quantity of narcotic recovered (33 grams) justifies denial of bail.
- Whether the absence of an independent witness to the seizure list affects the bail application.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(B), 42, 43, 50, 8(c)
Subjects
- regular bail
- NDPS Act
- narcotic drugs
- seizure procedure
- quantity of narcotics
- criminal procedure
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2768 of 2026
Arising Out of PS. Case No.-51 Year-2025 Thana- Basmatia District- Araria
======================================================
1. Pravin Rai @ Prabin S/O Laxman Rai Resident Of Village- Sahid Bhumi,
Ward No. 07, Police Station- Hilay Bazar, District- Dhankuta, Nepal
2. Bikash Sah @ Bikash S/O Kiran Sah Resident Of Village- Pokharibas, Ward
No. 13, Police Station- Hilay Bazar, District- Dhankuta, Nepal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mukesh Kumar Rana, Advocate
For the Opposite Party/s : Mr.Surendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 23-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners seek regular bail in Basmatiya P.S.
Case No. 51 of 2025 dated 08.10.2025, registered under
Sections 8(c) and 21(B) of the Narcotic Drugs and Psychotropic
Substances Act, 1985.
3.The allegation is of recovery of 33 grams of brown
sugar like substance in sticky condition along with a plastic
wrapper and an iPhone-12 Pro (IMEI No. 356690113814857)
from the possession of petitioner no. 1, whereas an iPhone-7
Plus (IMEI No. 353812089988852) from the possession of
petitioner no. 2 and both the petitioners were arrested at the
Patna High Court CR. MISC. No.2768 of 2026(3) dt.23-02-2026
2/3
spot.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and they have been falsely implicated in
the present case. It is submitted that no contraband has been
recovered from the conscious possession of petitioner no. 2
whereas, 33 grams of a smack-like substance being more than
the small quantity but less than the commercial quantity was
recovered from the possession of petitioner no. 1. There is no
independent witness to the seizure list, which has been endorsed
only by police personnel. The mandatory provisions prescribed
under Sections 42, 43, and 50 of the NDPS Act have not been
complied with. Lastly, it is submitted that the petitioners have
been in custody since 09.10.2025 and have no criminal
antecedents.
5. Learned Additional Public Prosecutor for the State
has opposed the prayer.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioners be released on bail upon furnishing bail bonds of
Rs.10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of the learned Court of Sessions
Judge-cum-Special Judge, NDPS Act, Araria in connection with
Patna High Court CR. MISC. No.2768 of 2026(3) dt.23-02-2026
3/3
Basmatiya P.S. Case No. 51 of 2025.
7. The application stands allowed.
(Khatim Reza, J)
shyambihari/-
U
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