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Patna High Court

Jagdish Prasad @ Jagdish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                     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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