Patna High Court
Md. Shahnabaj @ Md. DanishversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The court held that bail should be granted as the quantity of ganja recovered (2.480 kg) does not constitute commercial quantity under the NDPS Act.
Summary
The petitioner, Md. Shahnabaj, was charged under Sections 8 and 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act for alleged possession of 2.480 kg of ganja. He claimed innocence, argued that the seized quantity was below the commercial threshold, and pointed out the lack of independent seizure witnesses. The State opposed bail, citing the seriousness of the offence and the quantity involved. The court examined the facts, noted that 2.480 kg does not qualify as a commercial quantity under the Act, and considered the petitioner's clean antecedents. Consequently, the court granted bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties.
Issues considered
- Whether bail should be granted to an accused under the NDPS Act for possession of 2.480 kg of ganja.
- Whether the seized quantity constitutes a 'commercial quantity' for the purposes of bail under the NDPS Act.
- Whether the petitioner’s claim of false implication and lack of independent seizure witnesses affect the bail decision.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(B), 8
Subjects
- bail
- NDPS Act
- possession of narcotics
- commercial quantity
- criminal procedure
- cannabis
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2944 of 2026
Arising Out of PS. Case No.-1462 Year-2025 Thana- PHULWARISHARIF District- Patna
======================================================
Md. Shahnabaj @ Md. Danish, aged about 22 years, Male, Son of Md. Firoz
@ Pappu Resident of Village - Baitul Karim Masjid Nayatola, P.S.-
Phulwarisharif District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Faiz Naseem, Advocate
For the Opposite Party/s : Mr. Umanath Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2.The petitioner seeks bail in connection with
Phulwarisharif P.S. Case No. 1462 of 2025 instituted for the
offences punishable under Sections 8, 20(b) (ii)(B) of the NDPS
Act.
3. The allegation against the petitioner is that 2.480
kg of Ganja was recovered from his conscious possession.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence and has
falsely been implicated in this case. He submits that the
recovery of Ganja comes under the preview of 2.480 kg which
is less than commercial quantity. He next submits that there is
no any independent witness of the seizure list and the so called
Patna High Court CR. MISC. No.2944 of 2026(2) dt.28-01-2026
2/3
seizure witnesses were police personnel. He lastly submits that
the petitioner has falsely been implicated in this case and
nothing has been recovered from the conscious possession of
the petitioner. Petitioner has got clean antecedent as stated in
para 3 of the petition is in custody since 04.09.2025.
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. From perusal of the FIR and impugned order of the
learned Sessions Judge / Special Judge (NDPS), Patna dated
27.09.2025, it appears that petitioner is named in the FIR. From
perusal of the records, it also appears that on the basis of written
report of the informant, namely Kundan Kumar, ASI,
Phulwarisharif, FIR has been registered under Sections 8, 20(b)
(ii)(B) of the NDPS Act against the present petitioner and the
allegation against the petitioner is that recovery of 2.480 kg of
Ganja. The recovery of Ganja which falls beyond the category
of small quantity as per Narcotic Drugs and Psychotropic
Substance Act.
7. Considering the aforesaid facts and circumstances
of the case and submission of learned counsel for the petitioner
that recovery of Ganja comes under the preview of less than
commercial quantity, I am inclined to grant bail to the petitioner.
Patna High Court CR. MISC. No.2944 of 2026(2) dt.28-01-2026
3/3
8. Accordingly the prayer for bail of the petitioner is
allowed. Let the petitioner above named be released on bail on
furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Sessions Judge / Special Judge (NDPS) Patna in connection
with Phulwarisharif P.S. Case No. 1462 of 2025.
(Ramesh Chand Malviya, J)
Anand Kr.
U T
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