Patna High Court
Ranjeet RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b), 20(b)(ii), 37, 8
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
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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
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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
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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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