Patna High Court
Ram Balak RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
Bail was granted to the petitioner as the seized quantity was below commercial quantity and he had a clean antecedent.
Summary
Ram Balak Ray applied for bail in a Narcotic Drugs and Psychotropic Substances (NDPS) case where 18.515 kg of ganja was seized from his joint family house. The prosecution charged him under Sections 8, 20, and 29 of the NDPS Act. The petitioner argued that he was falsely implicated, the seized quantity was below the commercial threshold, and Section 37 of the Act therefore did not apply; he also highlighted his clean antecedent and that he had been in custody since 31‑12‑2025. The State opposed the bail. Considering the low quantity, the petitioner’s clean record, and the circumstances, the Court granted bail on a bond of Rs.10,000 with two sureties, noting that the order is prima facie and does not prejudice the trial.
Issues considered
- Whether bail should be granted to the accused in an NDPS case where the seized quantity is below commercial quantity.
- Whether Section 37 of the NDPS Act is attracted in the present case.
- Whether the petitioner’s clean antecedent and period of custody justify bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20, 29, 37, 8
Subjects
- bail
- NDPS Act
- drug offence
- commercial quantity
- Section 37
- clean antecedent
- joint family house
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35153 of 2026
Arising Out of PS. Case No.-713 Year-2025 Thana- BIDUPUR District- Vaishali
======================================================
Ram Balak Ray S/o Late Asharfi Ray, R/o Mail, P.S.- Bidupur, Dist.- Vaishali.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. N.K. Agarwal, Sr. Advocate
For the State : Mr. Humayou Ahmad Khan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 21-05-2026 The matter was heard via video conferencing
mode.
2. Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
3. The petitioner seeks bail in connection with
Bidupur P.S. Case No. 713 of 2025 (NDPS Gr. 12 of 2026)
registered for the offences punishable under Sections 8,
20(B)IIB and 29 of the N.D.P.S. Act.
4. As per prosecution case, 18.515 kg of ganja was
recovered from the house of the petitioner.
5. Mr. N.K. Agarwal, the learned senior counsel for
the petitioner submits that petitioner is innocent and he has
falsely been implicated in the present case. He further submits
that recovery has been made from the joint family house of the
petitioner and moreover, the recovery is below the commercial
Patna High Court CR. MISC. No.35153 of 2026(2) dt.21-05-2026
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quantity and therefore Section 37 of the NDPS Act is not
attracted in this case. Learned counsel lastly submits that
petitioner has clean antecedent and he is in custody since
31.12.2025.
6. Learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
7. Considering the aforesaid facts and
circumstances of the case and also the fact that the quantity of
recovered contraband is less than commercial quantity and
further considering petitioner’s clean antecedent and his period
of custody, this Court is inclined to grant bail to the petitioner.
8. Accordingly, let the petitioner, above-named, be
released on bail on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand Only) with two sureties of the like
amount each to the satisfaction of the learned District and
Additional Sessions Judge-II, Vaishali at Hajipur, in connection
with Bidupur P.S. Case No. 713 of 2025 (NDPS Gr. 12 of 2026).
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 observation
shall not be construed as an expression on the merits of the case
Patna High Court CR. MISC. No.35153 of 2026(2) dt.21-05-2026
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and shall not influence the trial or any other proceedings in any
manner.
(Ansul, J)
Shahnawaz/-
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