Patna High Court
Rupesh Kumar Choudhary @ Rupesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Since the contraband recovered is below commercial quantity and the petitioner has no prior record or evidence of tampering, bail is warranted under the NDPS Act.
Summary
The petitioner, Rupesh Kumar Choudhary, was arrested in connection with a case under Sections 8 and 20(b)(ii)(b) of the NDPS Act after 6 kg of ganja was recovered, which is below commercial quantity. He claimed false implication, had no prior criminal record, and there was no evidence of witness tampering or possession. The State opposed bail, but the court noted that the seized amount did not trigger Section 37 and that Sections 42 and 50 of the NDPS Act were not complied with. Considering the low quantity, lack of antecedents, and the circumstances of custody, the court decided to grant bail. Bail was ordered on a bond of Rs. 15,000 with two sureties and conditions regarding family surety and appearance in court.
Issues considered
- Whether bail can be granted to an accused under Sections 8 and 20(b)(ii)(b) of the NDPS Act when the seized narcotic is below commercial quantity.
- Whether the non‑application of Sections 42 and 50 of the NDPS Act justifies denial of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 20, 37, 42, 50, 8
Subjects
- bail
- NDPS Act
- narcotics
- commercial quantity
- criminal procedure
- seizure
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3320 of 2026
Arising Out of PS. Case No.-1116 Year-2025 Thana- KATIHAR NAGAR District- Katihar
======================================================
Rupesh Kumar Choudhary @ Rupesh Kumar S/o Vinod Choudhary R/o
Hridayganj, PS- Sahayak, Distt- Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar Singh, Advocate
For the Opposite Party/s : Mr.Bharat Bhushan, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Katihar
Town (Sahayak) P.S. Case No. 1116 of 2025, instituted for the
offences under Sections 8,20 (b)(ii)(b) of the N.D.P.S. Act.
3. Prosecution case, in short, is that 06 kg. Ganja has
been recovered in this case.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Charge-sheet has been submitted in this case. Petitioner is in
custody since 22.11.2025 and has no criminal antecedent. There
is no allegation of tampering of witnesses alleged against the
petitioner. No incriminating material has been recovered from
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the conscious possession of the petitioner. Petitioner has no
concern with the alleged recovery. The recovered contraband is
below commercial quantity, and hence, Section 37 of the
N.D.P.S. Act is not applicable in the present case. There is no
compliance of Sections 42 and 50 of the N.D.P.S. Act.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, recovered contraband being less than the
commercial quantity as also the period of custody undergone by
the petitioner, this Court is inclined to grant bail to the
petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Katihar Town
(Sahayak) P.S. Case No. 1116 of 2025, subject to the following
conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
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consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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