Patna High Court
Raj PatelversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The court held that the intermediate quantity and the petitioner's clean antecedent warrant the grant of bail.
Summary
Raj Patel was arrested in Bhitaha police station for possession of 2.5 kg of ganja, with a total seizure of 8.88 kg, and charged under Sections 8, 20(b)(ii)(B) and 27‑A of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The petitioner applied for bail, arguing that the quantity involved is intermediate and falls below the commercial quantity threshold, so Section 37 of the NDPS Act should not apply. The State opposed the bail. The court noted the intermediate quantity and the petitioner's clean antecedent and decided to grant bail, subject to a bond of Rs.10,000 with two sureties and conditions under CrPC Section 438(2) and the Bhartiya Nagarik Suraksha Sanhita Section 482(2). The order is prima facie and does not prejudice the trial. Bail was consequently granted.
Issues considered
- Whether the quantity of narcotic drug involved constitutes a 'commercial quantity' attracting Section 37 of the NDPS Act for bail considerations.
- Whether bail can be granted in an NDPS case involving an intermediate quantity of narcotic drug.
- Application of conditions under Section 438(2) of the Code of Criminal Procedure and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita in granting bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Criminal Procedure Code — s. 438(2)
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(B), 27-A, 37, 8
Subjects
- bail
- NDPS Act
- narcotic drugs
- commercial quantity
- intermediate quantity
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30035 of 2026
Arising out of PS. Case No.-26 Year-2026 Thana- BHITAHA District- West Champaran
======================================================
Raj Patel, S/o- Sri Suresh Patel @ Suresh Kumari, R/v- Rupahi Tand, PS-
Bhitaha Dist- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharad Kumar Verma, Advocate
For the Opposite Party/s : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in Bhitaha P.S. Case No.
26 of 2026 registered for the offences punishable under Sections
8/20(b) (ii) (B) of NDPS Act and Section 27-A of the NDPS
Act.
3. The allegation is that 2.50 Kgs ganja was recovered
from the possession of the petitioner and total recovery is 8.880
Kgs.
4. Learned counsel for the petitioner submits that
even if the entire quantity is taken into consideration the same
would fall much below the commercial quantity and the bar
under Section 37 of NDPS Act would not be attracted.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioner.
6. Considering the intermediate quantity of contraband
Patna High Court CR. MISC. No.30035 of 2026(2) dt.06-05-2026
2/2
as well as clean antecedent of the petitioner, this Court is
inclined to grant bail to the petitioner.
7. Let the petitioner, 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
Exclusive Special Judge, under NDPS Act, West
Champaran at Bettiah, in connection with Bhitaha P.S.
Case No. 26 of 2026, subject to the conditions as laid
down under Section 438(2) of the Code of Criminal
Procedure / Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita.
9. It is made clear that any observation made
herein is prima facie in nature and limited solely for
the purpose of adjudication of the present bail
application. Such observations shall not be construed
as an expression on the merits of the case and shall not
influence the trial or any other proceedings in any
manner.
(Ansul, J)
Vikash/-
U T
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