Patna High Court
Rambharosi YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted as the contraband was below commercial quantity and the statutory conditions for denial of bail under the NDPS Act were not met.
Summary
The petitioner, Rambharosi Yadav, was arrested in connection with a case under Sections 20 and 21 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for allegedly possessing 80 grams of brown sugar, which is below the commercial quantity threshold. He claimed false implication, had been in custody since 16 September 2025, and possessed one prior criminal antecedent, but no incriminating material was found in his possession and there were no allegations of witness tampering. The State opposed bail, arguing the seriousness of the offence. The Court examined the applicability of Sections 37, 42 and 50 of the NDPS Act and noted that the recovered quantity did not attract the stringent provisions applicable to commercial quantities. Considering the low quantity, the duration of custody, and the absence of tampering, the Court granted bail subject to monetary sureties and conditions of appearance.
Issues considered
- Whether bail can be granted under the NDPS Act when the contraband is below commercial quantity.
- Whether Sections 37, 42 and 50 of the NDPS Act are applicable in the present case.
- Whether the petitioner’s prior criminal antecedent and period of custody preclude bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20, 21, 37, 42, 50
Subjects
- bail
- NDPS Act
- commercial quantity
- false implication
- prior criminal antecedent
- contraband
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4377 of 2026
Arising Out of PS. Case No.-324 Year-2025 Thana- LADANIA District- Madhubani
======================================================
Rambharosi Yadav S/o- Late Bauelal Yadav Vill-Yogia Uttarwari tol P.S-
Ladaniya, Distt-Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kumari Pallavi, Advocate
For the Opposite Party/s : Mr. Madhura Nand Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 02-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Ladaniya P.S. Case No. 324 of 2025 instituted for the offences
under Sections 20, 21 of the N.D.P.S. Act.
3. Prosecution case, in short, is that total 80 grams of
brown sugar has been recovered in this case.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Charge-sheet has been submitted in this case. Petitioner is in
custody since 16.09.2025 and has one criminal antecedent.
There is no allegation of tampering of witnesses alleged against
the petitioner. No incriminating material has been recovered
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from the conscious possession of the petitioner. Petitioner has
no concern with the alleged recovery. The recovered contraband
is below commercial quantity, and hence, Section 37 of the
N.D.P.S. Act is not applicable in the present case. There is no
compliance of Sections 42 and 50 of the N.D.P.S. Act.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, recovered contraband being less than the
commercial quantity as also the period of custody undergone by
the petitioner, this Court is inclined to grant bail to the
petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Ladaniya P.S. Case
No. 324 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
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bail bonds of the petitioner.
(III) 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.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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