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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

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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