Patna High Court
Rivi Paswan @ Langda @ Ravi Pasawan @ Ravi Paswan @ LagdaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, directing release on a bond of Rs.10,000 with two sureties.
Summary
Rivi Paswan was arrested in connection with a case registered under Sections 8 and 20(b)(II)B of the NDPS Act for alleged possession of 3.833 kg of ganja. The petitioner contended that no contraband was actually recovered from him, that the seizure violated Section 105 of the Bihar Narcotic Substances Act, and that the quantity, though above the ‘small’ threshold, was far below a commercial amount. He also highlighted his clean criminal record and that he had been in judicial custody since 21‑03‑2026. The State opposed bail. After hearing both sides, the Patna High Court held that the procedural lapse and the petitioner’s circumstances warranted bail, directing that he be released on a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail can be granted in an NDPS case where the seized quantity exceeds the small‑quantity threshold but is less than commercial quantity.
- Whether non‑compliance with Section 105 of the Bihar Narcotic Substances Act during seizure affects the grant of bail.
- Whether the petitioner’s lack of prior criminal record and period of custody justify bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(II)B, 8
Subjects
- bail
- NDPS Act
- drug possession
- seizure procedure
- Section 105
- quantity thresholds
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37863 of 2026
Arising Out of PS. Case No.-490 Year-2026 Thana- PHULWARISHARIF District- Patna
======================================================
Rivi Paswan @ Langda @ Ravi Pasawan @ Ravi Paswan @ Lagda S/o
Manoj Paswan Resident of Village - Korji, Police Station - Phulwarisharif,
Dist. - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satish Kumar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Phulwarisharif P.S. Case No.490 of 2026 registered for the
offence punishable under Sections 8 and 20(b)IIB of the NDPS
Act.
3. The case of the prosecution, in short, is that from
possession of this petitioner altogether 3.833 kg of ganja was
recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that nothing has been recovered from
the possession of this petitioner. It has further been submitted
that the witnesses of the seizure list are police personnel and
Patna High Court CR. MISC. No.37863 of 2026(2) dt.17-06-2026
2/2
police have not complied Section 105 of the BNSS while
making seizure. It has further been submitted that the alleged
recovery of contraband is though more than small quantity but is
much less than commercial quantity. It has lastly been submitted
that the petitioner is having no criminal antecedent and he is in
judicial custody since 21.03.2026.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the court of learned
Session Judge/Special Judge, NDPS, Patna in connection with
Phulwarisharif P.S. Case No.490 of 2026.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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