Patna High Court
Ravikant KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The court held that bail may be granted as the seizure was not from conscious possession and the quantity was intermediate, rendering Section 37 inapplicable.
Summary
The petitioner, Ravikant Kumar, was arrested in Gopalpur and charged under Sections 8(c) and 21(b) of the NDPS Act for possession of 23 pouches of brown sugar weighing 9.58 grams, of which eight packets were recovered from him. He applied for bail, arguing that the quantity was intermediate, that Section 37 of the NDPS Act (which bars bail) was not applicable, and that he had no prior similar cases. The State opposed the bail. The court observed that the seizure was not from the petitioner's conscious possession and noted the relatively small quantity and lack of antecedents. Consequently, the court granted bail on a bond of Rs.10,000 with two sureties, emphasizing that its observations were prima facie and not a determination on the merits of the case.
Issues considered
- Whether bail can be granted under the NDPS Act when the seized quantity is intermediate and not in conscious possession of the accused.
- Whether Section 37 of the NDPS Act bars bail in the present circumstances.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 37, 8(c)
Subjects
- bail
- NDPS Act
- narcotics
- conscious possession
- intermediate quantity
- Section 37
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 39256 of 2026
Arising Out of PS. Case No.-186 Year-2026 Thana- GOPALPUR District- Patna
======================================================
Ravikant Kumar S/o Late Rajkumar @ Raj Kumar Ray R/o- Sirpatpur, P.S.-
Gopalpur, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Jiban Pd Singh, Adv.
For the Opposite Party/s : Mr. Ajit Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in Gopalpur P.S. Case No.
186 of 2026 registered under Section 8(c)/21(b) of the NDPS
Act.
3. The allegation is that 23 pouches of brown sugar
(Total 9.580 Gms) were recovered from the pockets of the
petitioner. Out of which 8 packets were recovered from the
petitioner.
4. Learned counsel for the petitioner submits that the
quantity is intermediate and the bar u/s 37 NDPS Act is not
applicable and this petition bears no similar antecedents. He
further submits that the petitioner is in custody since
12.04.2026.
Patna High Court CR. MISC. No. 39256 of 2026(2) dt.17-06-2026
2/2
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioner.
6. Considering that the recovery has not been made
from the conscious possession of the petitioner and the
petitioner is in custody since 12.04.2026, this Court is inclined
to grant bail to the petitioner.
7. Let the petitioner, above named, be released
on bail on furnishing bail bonds of Rs. 10,000/- (Ten
thousand) with two sureties of the like amount each to
the satisfaction of learned Sessions Judge/Special
Judge (NDPS), Patna in connection with Gopalpur P.S.
Case No. 186 of 2026.
8. It is made clear that any observation made
herein is prima facie in nature and limited solely for
the purpose of adjudication of the present bail
application. Such observations shall not be construed
as an expression on the merits of the case and shall not
influence the trial or any other proceedings in any
manner.
(Ansul, J)
Vikash/-
U T
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