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Patna High Court

Md. Shahnabaj @ Md. DanishversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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