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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

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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