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Patna High Court

Abdul KadirversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
               Patna High Court CR. MISC. No.38859 of 2026(2) dt.22-06-2026
                                                           3/3




                         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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