Patna High Court
Rahul Mishra @ Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
Bail may be granted in NDPS and Arms Act cases involving small quantity of narcotics and limited maximum punishment, subject to bond and conditions under Section 482(2) CrPC.
Summary
The petitioner Rahul Mishra was implicated in Bakhtiyarpur PS Case No.128 of 2026 for alleged possession of 700 g of ganja and a country‑made pistol, offences under Sections 20, 22(a) of the NDPS Act and Sections 25(1‑b)(a), 26 of the Arms Act. He filed a bail petition claiming innocence, asserting that the contraband was recovered from the overhang of his house, not his premises, and that the quantity of ganja was below the statutory ‘small quantity’ threshold. The petitioner also argued that he had not previously applied for anticipatory or regular bail and that the maximum punishment under the Arms Act was five years. The State opposed bail, citing the seriousness of the offences and the petitioner’s involvement in two other cases. The Court considered the small quantity of narcotics, the limited maximum sentence for the arms charge, and the provisions of Section 482(2) CrPC and the Bihar Narcotic Substances (Control) Rules, 2023, and held that bail could be granted subject to a bond of Rs 10,000 with two sureties and conditions regarding undisclosed criminal antecedents. The order directed that bail be furnished within eight weeks of receipt of the order.
Issues considered
- Whether bail should be granted in a case involving NDPS and Arms Act offences where the quantity of narcotics is below the small‑quantity threshold
- Whether the petitioner’s failure to apply earlier for anticipatory or regular bail bars the grant of bail
- Whether the existence of other pending cases or undisclosed criminal antecedents justifies denial of bail
Legislation cited
- Arms Act — s. 25(1-b)(a), 26
- Bihar Narcotic Substances (Control) Rules, 2023
- Criminal Procedure Code — s. 482(2)
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20, 22(a)
Subjects
- bail
- NDPS Act
- Arms Act
- small quantity
- anticipatory bail
- criminal antecedents
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41304 of 2026
Arising Out of PS. Case No.-128 Year-2026 Thana- BAKHTIYARPUR District- Patna
======================================================
Rahul Mishra @ Rahul Kumar, S/o Umesh Mishra, R/o village-Naya tola,
Sangatpor, PS-Bakhtiyarpur, Distt- Patna.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Bhim Sen Prasad, Advocate
For the State : Mr. Humayou Ahmad Khan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present petition has been filed on behalf of the
petitioner, apprehending his arrest, in connection with
Bakhtiyarpur PS. Case No.128 of 2026, dated-02.03.2026,
registered for the offences punishable under Sections 20, 22(a)
of the N.D.P.S. Act and Section 25(1-b) (a), 26 of the Arms Act.
3. As per allegation, 700g ganja and one country made
pistol has been recovered from the house of the Petitioner.
4. Learned counsel for the petitioner submits that the
Petitioner is innocent and has falsely been implicated in this
case. He further submits that the recovery has not been made
from the house of the Petitioner, but even from the overhang
(chhaja) of his house which is not kept by the him. Moreover,
Patna High Court CR. MISC. No.41304 of 2026(2) dt.01-07-2026
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the recovered quantity of ganja is less than the small quantity.
As far as the punishment in regard to illegal arms, it is
punishable maximum up to five years.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
petition that the petitioner has been made accused in two other
cases.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
8. Considering the small quantity of the contraband
and maximum punishment under the Arms Act for the alleged
offence beign up to five years, this petition is allowed,
directing the petitioner, above-named, to be enlarged on bail, in
the event of his arrest or surrender before the court below within
a period of eight weeks from the date of receipt / production of a
copy of this order, on his furnishing bail bonds in the sum of Rs.
10,000 /- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned concerned Court below, in
connection with Bakhtiyarpur P.S. Case No.128 of 2026, subject
to the conditions as laid down under Section 482 (2) of the
Patna High Court CR. MISC. No.41304 of 2026(2) dt.01-07-2026
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B.N.S.S., 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court
below that the petitioner has criminal antecedents other than the
disclosed one, learned court below shall cancel the bail bonds of
the petitioner after hearing him and getting satisfied that the
petitioner has concealed his criminal antecedents despite his
knowledge of the same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J.)
Chandan/-
U T
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