Patna High Court
Rajesh Singh @ Rajesh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner on the ground of sub‑commercial quantity and clean antecedent.
Summary
Petitioner Rajesh Singh, arrested on 16‑Nov‑2025, was charged under Sections 8(c), 21(c), 18(c), 29 and 31 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for alleged possession of 206.69 g of smack. He pleaded that he has a clean antecedent, the FIR is fabricated, and the seized quantity is below the commercial threshold, rendering Section 37 of the NDPS Act inapplicable. The State opposed bail, contending that the contraband was recovered from the petitioner’s possession. The Court noted the petitioner’s clean record, the sub‑commercial quantity, and the alleged non‑compliance with mandatory provisions of the NDPS Act, and consequently ordered his release on bail with a bond of Rs 10,000 and two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented without delay for verification.
Issues considered
- Whether bail can be granted to an accused under the NDPS Act when the seized quantity is less than commercial quantity and mandatory provisions are not complied with.
- Whether the petitioner’s clean antecedent and claim of false implication justify bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 18(c), 21(c), 29, 31, 37, 8(c)
Subjects
- bail
- NDPS Act
- possession of narcotics
- commercial quantity
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5394 of 2026
Arising Out of PS. Case No.-496 Year-2025 Thana- BALIYA District- Begusarai
======================================================
Rajesh Singh @ Rajesh Kumar Singh S/O Yadunanadan Singh Resident of
Village- Madhurapur, Purwari Tola, Ward No. 14, P.S.- Teghra, District-
Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
For the State : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 29-01-2026 Heard Mr. Shashank Shekhar, learned counsel for the
petitioner and Mr. Jharkhandi Upadhyay, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
16.11.2025, in connection with N.D.P.S. Case No. 84 of 2025
arising out of Ballia P.S. Case No. 496 of 2025, F.I.R. dated
15.11.2025 registered for the offences punishable under Sections
8(c), 21(c), 18(c), 29 and 31 of the N.D.P.S. Act.
3. The case relates to recovery of 206.69 grams of
Smack.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely implicated
in the present case. He further submits that the allegation as
alleged in the F.I.R. is false and fabricated and the petitioner has
Patna High Court CR. MISC. No.5394 of 2026(2) dt.29-01-2026
2/3
not committed any offence as alleged in the F.I.R. and the recovery
has been made from the vehicle in question. It appears from the
F.I.R. as well as seizure list that altogether 104.40 grams of Smack
was recovered from the possession of the petitioner and 102.29
grams of Smack was recovered from the possession of co-accused
person. He further submits that there is non-compliance of
mandatory provision of N.D.P.S. Act and the recovered contraband
is less than the commercial quantity and hence there is no
embargo under Section 37 of the N.D.P.S. Act to enlarge the
petitioner on bail and the petitioner is in custody since 16.11.2025.
5. Learned Additional Public Prosecutor for the State,
on the other hand, vehemently opposed the prayer for bail of the
petitioner and submits that the recovery has been made from the
possession of the petitioner.
6. Considering the aforesaid facts and circumstances of
the case and the fact that the petitioner having clean antecedent
and the recovered contraband is less than the commercial quantity
and there is non compliance of mandatory provision of N.D.P.S.
Act, let the petitioner, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of learned
Principal Sessions Judge, Begusarai in connection with N.D.P.S.
Case No. 84 of 2025 arising out of Ballia P.S. Case No. 496 of
Patna High Court CR. MISC. No.5394 of 2026(2) dt.29-01-2026
3/3
2025, subject to the following conditions :-
(1) 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
his absence on two consecutive dates without sufficient reason, his
bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move for
cancellation of bail.
(3) 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
antecedents, 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)
Ibrar//-
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