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Patna High Court

Ranjeet RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioners subject to prescribed conditions.

Summary

Ranjeet Rai and Manoj Rai were arrested on 22 December 2025 in connection with a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act for alleged possession of 4 kg of ganja recovered from their residence. The petitioners claimed they had no prior criminal record, were falsely implicated, and argued that the seizure was not conducted in compliance with Sections 103 and 105 of the NDPS Act, and that the quantity seized was below the commercial threshold, thus no embargo under Section 37 applied. The State opposed bail, contending the seriousness of the offence. The High Court examined the statutory provisions governing bail in NDPS cases and the factual circumstances, and concluded that bail could be granted subject to strict conditions. Accordingly, the court ordered the release of the petitioners on bail of Rs.10,000 with two sureties and imposed conditions regarding cooperation with the trial, non‑tampering with evidence, and verification of criminal antecedent.

Issues considered

  • Whether bail can be granted under the NDPS Act when the seized quantity is below the commercial quantity and no embargo under Section 37 applies.
  • Whether non‑compliance with Sections 103 and 105 of the NDPS Act regarding seizure list witnesses affects the right to bail.
  • Whether the petitioners' clean antecedent and claim of false implication justify bail despite the seriousness of the offence.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • narcotic drugs
  • commercial quantity
  • Section 37 embargo
  • seizure procedure
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29777 of 2026
                     Arising Out of PS. Case No.-339 Year-2025 Thana- RAGHOPUR District- Vaishali
                 ======================================================
           1.     Ranjeet Rai S/O Late Binda Rai R/O Vill.- Bahrampur, Panrasiya Tola, Ward
                  no. 5, P.s.- Rustampur, Dist.- Vaishali.
           2.    Manoj Rai S/O Late Binda Rai R/O Vill.- Bahrampur, Panrasiya Tola, Ward
                 no. 5, P.s.- Rustampur, Dist.- Vaishali.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sudish Kumar, Advocate
                 For the Opposite Party/s :       Ms. Pushpa Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   05-05-2026                    Heard Mr. Sudish Kumar, learned counsel for the

                   petitioners and Ms. Pushpa Sinha, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioners seek bail who are in custody since

                   22.12.2025 in N.D.P.S Case No. 10 of 2026 arising out of

                   Raghopur P.S. Case No. 339 of 2025, F.I.R. dated 21.12.2025

                   for the offences punishable under Sections 8, 20(b)(ii), 20(b) of

                   the Narcotic Drugs & Psychotropic Substance Act, 1985.

                               3. Recovery is of 4 kg of Ganja.

                               4. Learned counsel for the petitioners submits that

                   petitioners have clean antecedent and they have falsely been

                   implicated in the present case. It appears from the FIR that
Patna High Court CR. MISC. No.29777 of 2026(2) dt.05-05-2026
                                            2/3




          altogether 4 kg of Ganja was recovered from the house of the

          petitioners. He further submits that seizure list witnesses are

          police and homegaurd personnel and there is non-compliance of

          Sections 103 and 105 of BNSS and it appears that the recovered

          contraband is less than the commercial quantity. Hence, there is

          no embargo under Section 37 of the N.D.P.S Act for grant of

          bail to the petitioners. He further submits that the police after

          investigation submitted the charge sheet. The petitioners are in

          custody since 22.12.2025.

                      5 The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioners.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioners, above named, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two

          sureties of the like amount each to the satisfaction of the learned

          District & Additional Sessions Judge-II, Vaishali, Hajipur in

          connection with Raghopur P.S. Case No. 339 of 2025, subject to

          the following conditions:-

                        i. Petitioners shall co-operate in the trial and shall be

           properly represented on each and every date fixed by the court

           and shall remain physically present as directed by the court and

           on their absence on two consecutive dates without sufficient
            Patna High Court CR. MISC. No.29777 of 2026(2) dt.05-05-2026
                                                        3/3




                       reason, their bail bond shall be cancelled by the Court below.

                                    ii. If the petitioners tampers with the evidence or the

                       witnesses, in that case, the prosecution will be at liberty to

                       move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioners and in case at

                      any stage it is found that the petitioners have concealed their

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioners. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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