Patna High Court
Deepak SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner, finding that the low quantity of narcotics and lack of prior record justified release on bond.
Summary
The petitioner, Deepak Sah, was arrested in connection with a case involving 184 grams of brown sugar, a pistol with live cartridge, and other items, and was charged under Sections 8(c) and 21(b) of the NDPS Act and Sections 25(1‑B)(a), 26 and 35 of the Arms Act. He pleaded innocence, arguing that no incriminating material was found in his possession, the seized narcotics were below commercial quantity, and he had no prior criminal record. The State opposed bail, contending the seriousness of the offences. The Court noted that the contraband was below commercial quantity, the petitioner had been in custody since 16‑10‑2025, and a co‑accused had already been granted bail. Consequently, the Court granted bail on the condition of a Rs.15,000 bond with two sureties and compliance with appearance requirements, subject to cancellation on default.
Issues considered
- Whether bail can be granted in NDPS and Arms Act offences when the seized narcotic quantity is below commercial quantity.
- Whether Section 37 of the NDPS Act applies to the present case.
- Whether the requirements of Sections 42 and 50 of the NDPS Act have been complied with for bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 37, 42, 50, 8(c)
Subjects
- bail
- NDPS Act
- Arms Act
- contraband
- commercial quantity
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3648 of 2026
Arising Out of PS. Case No.-254 Year-2025 Thana- BASOPATTI District- Madhubani
======================================================
Deepak Sah S/o Surendra Sah R/o Village- Mahinathpur, P.S.- Basopatti,
District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramakant Sharma, Sr. Advocate
Mr. Adarsh Parihar, Advocate
Mr. Mayank Raj, Advocate
Mr. Rahul singh, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 13-02-2026 Heard learned counsel for the petitioner, learned
APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with
Basopatti P.S. Case No. 254 of 2025, instituted for the offences
punishable under Sections 8(c), 21(b) of the NDPS Act, read
with Sections 25(1-B)(a), 26 and 35 of the Arms Act.
3. Prosecution allegation, in short, is that there is
recovery of 184 grams of brown sugar, one country made pistol
with 8 mm live cartridge, seven mobile phones, one iPad, an
electronic weighing machine, Indian currency of Rs. 12,450/-
Nepali currency of Rs. 1,01,960/- and motorcycle from the
residence of this petitioner and co-accused Rahul Sah.
Patna High Court CR. MISC. No.3648 of 2026(3) dt.13-02-2026
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4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case. No
incriminating material has been recovered from the conscious
possession of the petitioner. Learned counsel for the petitioner
also submits that the petitioner has got no concern either with
the recovered contraband or with the arms. The recovered
contraband is below the commercial quantity. Hence, Section 37
of the N.D.P.S. Act is not applicable in the present case. The
petitioner is in custody since 16.10.2025 and has got no criminal
antecedent. There is no compliance of Sections 42 and 50 of the
N.D.P.S. Act. It is further submitted that other co-accused has
been granted regular bail by this Court vide order dated
10.02.2026 passed in Cr. Misc. No. 6486 of 2026.
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, the recovered contraband being below the
commercial quantity and 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 after framing
of charge, if not already framed, on furnishing bail bonds of
Patna High Court CR. MISC. No.3648 of 2026(3) dt.13-02-2026
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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 Basopatti P.S. Case No. 254 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
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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