Patna High Court
Jagdish Prasad @ Jagdish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to bond and conditions.
Summary
Jagdish Prasad was arrested during a police raid at his residence where cash, mobile phones and 4.04 kg of ganja were seized. He contended that he was not in possession of the narcotics, that tenants had placed the contraband to implicate him, and that procedural safeguards during the search were not observed. The petitioner, a handicapped individual with a clean record, had been in custody since 30 March 2026 and a charge‑sheet had already been filed. The State opposed bail, but the court considered the relatively small quantity of ganja (below commercial threshold), the petitioner’s antecedents, and the duration of custody. Accordingly, the court granted bail on a bond of Rs 10,000 with two sureties and imposed conditions under Section 480(3) of the BNSS and additional safeguards.
Issues considered
- What is the appropriate bail disposition for an accused under Section 20(b)(ii)B of the NDPS Act when the seized quantity is below the commercial threshold and the accused has a clean antecedent?
Legislation cited
- Bihar Non‑Contagious Substances Act — s. 480(3)
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)B
Subjects
- bail
- NDPS Act
- drug offence
- quantity of contraband
- procedural lapse in search
- handicapped accused
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38026 of 2026
Arising Out of PS. Case No.-366 Year-2026 Thana- DANAPUR District- Patna
======================================================
Jagdish Prasad @ Jagdish Kumar S/O Late Shiv Dayal Rai R/O Mohalla-
Nasriganj, Biscuit Factory More, Ward No. 33, P.S- Danapur, District -Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajendra Kumar Jain, Advocate
For the Opposite Party/s : Mr. Nand Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Danapur P.S. Case No. 366 of 2026 registered
for the alleged offences under Section 20(b)(ii)B of NDPS Act.
03. As per prosecution case, on a tip off, a raid was
conducted in the house of the petitioner who was apprehended
along with co-accused Akash Kumar and from search of the
house, Rs. 44,848/- cash, mobile phones and 4.04 kg of ganja
were recovery from the house of the petitioner.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. Nothing incriminating has been recovered from the
conscious possession of the petitioner. The petitioner is owner
Patna High Court CR. MISC. No.38026 of 2026(2) dt.17-06-2026
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of the house and there are tenants who had kept the Ganja in
order to falsely implicate the petitioner as the petitioner has told
them to vacate the house. Learned counsel further submits that it
is clear from the FIR that the petitioner did not run away and he
was sitting in his house when the raid was conducted. The
mandatory provisions of search and seizure have not been
followed. The petitioner is a handicapped person. Learned
counsel further submits that the police was not sure that the
seized contraband was ganja and for this reason, it has shown
recovery of ganja like substance. Moreover, the alleged
recovery is much less than the notified commercial quantity
under the NDPS Act. The petitioner is having clean antecedent
and is in custody since 30.03.2026. Charge-sheet has been
submitted.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering
quantity of contraband recovered and further considering the
period of custody of the petitioner and his clean antecedent
along with submission of charge-sheet, the petitioner above
named is directed to be released on bail on furnishing bail bonds
Patna High Court CR. MISC. No.38026 of 2026(2) dt.17-06-2026
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of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Special Judge, NDPS
Act, Patna/court concerned in connection with Danapur P.S.
Case No. 366 of 2026, subject to the conditions mentioned in
Section 480(3) of BNSS and the following conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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