Patna High Court
Abdul KadirversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court held that bail must be granted as the quantity of ganja was below the commercial threshold and there was no embargo under Section 37 of the NDPS Act.
Summary
The petitioners, Abdul Kadir and Ravi Ranjan Kumar, were arrested on 10 February 2026 in connection with FIR No. 69 under the NDNDPS Act for possession of 8.9 kg of ganja. They applied for bail, asserting a clean criminal record and that the seized quantity was below the commercial threshold, thereby not invoking the embargo provision of Section 37 of the NDPS Act. The State opposed the bail application. The High Court examined the statutory provisions and the facts, noting the absence of a commercial quantity and the petitioners' clean antecedents. Consequently, the Court ordered bail on a bond of Rs.10,000 each with two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence. The bail order was directed to be implemented by the Sessions/Special Judge in East Champaran.
Issues considered
- Whether bail can be granted under the NDPS Act when the seized narcotic quantity is less than the commercial quantity and no embargo under Section 37 applies.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(C), 25, 37, 8
Subjects
- NDPS Act
- bail
- narcotics
- commercial quantity
- Section 37
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38859 of 2026
Arising Out of PS. Case No.-69 Year-2026 Thana- RAMGARHWA District- East Champaran
======================================================
1. Abdul Kadir S/O Sri Suleman Miya Resident of village- Bela, PS-
Ramgarhwa, Distt-West Champaran
2. Ravi Ranjan Kumar @ Rocky S/O Late Bikrama Singh Resident of village-
Bela, PS- Ramgarhwa, Distt-West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sharad Kumar Verma, Advocate
For the Opposite Party/s : Mr.Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 22-06-2026 Heard Mr.Sharad Kumar Verma, learned counsel for
the petitioners and Mr.Bishweshwar Ram, learned A.P.P. for the
State.
2. The petitioners seek bail, who are in custody since
10.02.2026 in connection with Ramgarhwa P.S. FIR No. 69 of
2026(NDPS GR Case No.23 of 2026), F.I.R. dated 09.02.2026
registered for the offence punishable under Sections 8/20(b)(ii)
(C),25 of N.D.P.S.Act.
3. Recovery is of 8.9 Kg of Ganja.
4. Learned counsel appearing for the petitioners
submits that the petitioners have clean antecedent. He further
submits that it appears from the FIR as well as the seizure list
Patna High Court CR. MISC. No.38859 of 2026(2) dt.22-06-2026
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that altogether 8.9 Kg of Ganja has been recovered from
possession of petitioner No.1 and he disclosed that petitioner
No.2 was also involved in the present crime in question.
Learned counsel for the petitioners submits that there is non-
compliance of the mandatory provisions of NDPS Act and the
recovered contraband is less than the commercial quantity, so
there is no embargo under Section 37 of the NDPS Act to
enlarge the petitioners on bail and the police, after investigation,
submitted chargesheet against the petitioners and the petitioners
are in custody since 10.02.2026.
5. Learned A.P.P. for the State, on the other hand, has
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts, petitioners have
clean antecedent and recovered contraband is less than the
commercial quantity, let the petitioners, above named, be
released on bail on furnishing bail bond of Rs.10,000/- (Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of learned Sessions Judge/Special Judge, NDPS Act,
East Champaran at Motihari in connection with Ramgarhwa P.S.
FIR No. 69 of 2026(NDPS GR Case No.23 of 2026), with the
following conditions:-
(I) Petitioners shall co-operate in the trial and shall be
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properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
(II) If the petitioners tamper with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage, it is found that the petitioners have concealed their
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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