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Patna High Court

Dhanraj KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Bail was denied because the quantity of opium husk involved exceeds the commercial quantity prescribed under the NDPS Act.

Summary

The petitioner, Dhanraj Kumar, applied for regular bail in a case registered under Sections 8, 17(c), 18(c), 20(b)(ii)(b) and 22 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, alleging possession of 300 grams of doda poppy cover, 11.9 kg of opium husk and 14 kg of opium husk powder. The petitioner claimed innocence, asserted that the total opium husk recovered (26.2 kg) was below the commercial quantity, and highlighted a clean antecedent and prolonged custody since 21‑03‑2025. The State contended that the joint possession amounted to 75.9 kg, exceeding the commercial quantity, and opposed bail. The Court, after considering the submissions, found the quantity to be above the commercial threshold and therefore rejected the bail application. The trial court was directed to expedite the trial.

Issues considered

  • Whether the petitioner is entitled to regular bail despite alleged possession of narcotics.
  • Whether the quantity of opium husk recovered constitutes a commercial quantity under the NDPS Act.
  • Whether the petitioner’s claim of innocence and clean antecedent merit bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • narcotics
  • commercial quantity
  • regular bail
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.51352 of 2025
                   Arising Out of PS. Case No.-12 Year-2025 Thana- DEHRI ON SONE RAIL P.S. District-
                                                           Gaya
                 ======================================================
                 Dhanraj Kumar S/o Sri Sunil Yadav @ Sunil Kumar R/o Mohalla- Rampur,
                 P.S.- Bodhgaya, District- Gaya
                                                                        ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mrs.Vaishnavi Singh
                 For the Opposite Party/s :       Mr.Anil Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

4   08-01-2026                    Heard the learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners seek regular bail in connection with

                   Rail Dehri P.S. Case No. 12 of 2025 registered for the offence

                   under Sections 8, 17(c), 18(c), 20(b)(ii)(b) and 22 of the N.D.P.S.

                   Act.

                                3. As per allegation, from the possession of the

                   petitioner 300 grams of doda poppy cover, 11.900 kg of opium

                   husk and 14 kg of opium husk powder were recovered, along with

                   Rs. 40/- and one mobile phone.

                                4. The learned counsel for the petitioner has submitted

                   that the petitioner is innocent and has falsely been implicated in

                   this case. She has further submitted that 26.200 kg of opium

                   husk is said to have been recovered from the possession of the
           Patna High Court CR. MISC. No.51352 of 2025(4) dt.08-01-2026
                                                       2/2




                     petitioner. The quantity of recovered opium husk is below the

                     commercial quantity. She has also submitted that the petitioner

                     is a person of clean antecedent and has been in custody since

                     21.03.2025.

                                  5. On the other hand, the learned counsel for the State

                     has opposed the prayer for bail and submitted that the quantity

                     of recovered opium husk from joint possession of the petitioner

                     is 75.900 kg, which is more than commercial quantity.

                                  6. Considering the above-mentioned facts and

                     circumstances, I am not inclined to grant bail and accordingly,

                     the same is hereby rejected.

                                  7. The learned trial court is directed to expedite

                     the trial of the petitioner.


                                          (Nawneet Kumar Pandey, J)

Nirmal/-
U      T


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