Patna High Court
Ravi Kumar Bhagat @ Ravi KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Ravi Kumar Bhagat was arrested on 15 October 2025 in connection with a special NDPS case alleging possession of 47.26 grams of intoxicant, punishable under Sections 8(c) and 21(b) of the NDPS Act. The petitioner argued that he has a clean antecedent, was falsely implicated, the seized quantity is below the commercial threshold, and the prosecution failed to comply with Section 50 of the Act, thus no embargo under Section 37 applies. The State opposed bail. The High Court, noting the petitioner’s clean record, the sub‑commercial quantity, and the lack of an embargo, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence. The order also directed verification of the petitioner’s antecedent and allowed cancellation of bail if conditions are breached. The bail was ordered to be released to the District & Additional Sessions Judge‑II‑cum‑Special Judge, Purnea.
Issues considered
- Whether bail should be granted in an NDPS case where the seized quantity is less than commercial quantity and no embargo under Section 37 applies
- Whether non‑compliance of Section 50 of the NDPS Act warrants bail
- Whether the petitioner’s clean antecedent and claim of false implication affect the bail decision
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 37, 50, 8(c)
Subjects
- NDPS Act
- bail
- commercial quantity
- Section 50
- Section 37
- criminal antecedent
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4090 of 2026
Arising Out of PS. Case No.-517 Year-2025 Thana- PURNEA SADAR District- Purnia
======================================================
Ravi Kumar Bhagat @ Ravi Kumar Son of Sri Shiv Kumar Bhagat @ Shiv
Bhagat Resident of Village- Emlipatti Gulabbagh, P.S.- Sadar, District-
Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Kumar Anand, Advocate
For the Opposite Party/s : Mr. Lalan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 28-01-2026 Heard Mr. Amit Kumar Anand, learned counsel for
the petitioner and Mr. Lalan Kumar, learned APP for the State.
2. The petitioner seeks bail, who is in custody since
15.10.2025 in connection with Special (NDPS) Case No. 281 of
2025/CIS No. 281/2025, arising out of Sadar P.S. Case No. 517
of 2025, F.I.R. dated 15.10.2025 for the offences punishable
under Sections 8(c) and 21(b) of the NDPS Act.
3. According to prosecution case, total 47.26 gm. of
intoxicant material were recovered from the possession of the
petitioner.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. From a bare perusal of the FIR, it
Patna High Court CR. MISC. No.4090 of 2026(2) dt.28-01-2026
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appears that altogether 47.26 gm. of intoxicant material has
been recovered from the possession of the petitioner. He further
submits that there is non-compliance of section 50 of NDPS
Act. The recovered contraband is less than commercial quantity,
hence, there is no embargo under section 37 of the NDPS Act.
He further submits that no incriminating material has been
recovered from the conscious possession of the petitioner. He
further submits that the police after investigation, submitted
chargesheet against the petitioner and the petitioner is in custody
since 15.10.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the petitioner has clean antecedent, recovered
contraband is less than commercial quantity and the police has
submitted chargesheet against the petitioner, let the petitioner,
above named, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned District & Additional
Sessions Judge-II-cum-Special Judge, (NDPS Act), Purnea, in
connection with Special (NDPS) Case No. 281 of 2025/CIS No.
281/2025, arising out of Sadar P.S. Case No. 517 of 2025, with
Patna High Court CR. MISC. No.4090 of 2026(2) dt.28-01-2026
3/3
the following conditions:
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers 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 petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. 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)
Ranjeet/-
U T
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