Patna High Court
Bulbul Singh @ Bulbul MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that bail should be granted as the recovery was doubtful, the quantity was less than the smaller‑quantity threshold, and the investigation was complete.
Summary
Bulbul Singh was arrested in May 2025 for alleged possession of 3.575 kg of ganja under Sections 20(b)(ii)(c) and 29 of the NDPS Act. He contended that the contraband was recovered from co‑accused and not from his conscious physical possession, noting that the auto he was travelling in was occupied by others and that the quantity was below the statutory "smaller quantity" threshold. The State opposed bail, while the petitioner argued that the investigation was complete, a charge‑sheet had been filed, and there was no risk of evidence tampering. The High Court observed that the recovery appeared doubtful as to the petitioner's actual possession and that the quantity was indeed less than the smaller‑quantity limit. Consequently, the Court ordered his release on bail upon furnishing a Rs.10,000 bond with two sureties, subject to conditions under Cr.P.C. Section 437(3) and BNSS Section 480(3).
Issues considered
- Whether bail should be granted to the accused under the NDPS Act for alleged possession of 3.575 kg of ganja.
- Whether the contraband was in the conscious physical possession of the petitioner.
- Whether the quantity involved qualifies as "smaller quantity" under the NDPS Act.
- Whether the completion of investigation and filing of charge‑sheet affect the bail decision.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 437(3)
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)(c), 29
Subjects
- bail
- NDPS Act
- narcotics possession
- smaller quantity
- criminal procedure
- search and seizure
- charge sheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54598 of 2025
Arising Out of PS. Case No.-73 Year-2025 Thana- TIKAPATTI District- Purnia
======================================================
Bulbul Singh @ Bulbul Mandal, S/o Late Upendra Singh, Resident of
Village-Dumari, Ward No.-14, P.S.- Tikapatti, Distt.- Purnea
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner/s : Mr. Shivam Kumar Deep, Advocate
Mr. Rahul Kumar Shukla, Advocate
For the Opposite Party/s : Mr. Nand Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 06-02-2026 Heard learned counsel appearing on behalf
of the petitioner and learned APP appearing on behalf
of the State.
2. The petitioner seeks bail in connection with
Tikapatti P.S. Case No. 73/2025, registered for the
offence under Sections 20(b)(ii)(c)/29 of the Narcotic
Drugs and Psychotropic Substances Act (in short ‘NDPS
Act’).
3. The accused/petitioner is named in the F.I.R.
and is in custody since 21.05.2025.
4. Allegation against the petitioner is to have
in possession of 3.575 kg of contraband i.e. ganja.
5. Learned counsel appearing on behalf of the
petitioner submitted that in actual the recovery was
made from co-accused persons but, as this petitioner
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was travelling alongwith his wife in auto, both of them
were made accused falsely with present case, showing
contraband in their possession. It is submitted that the
recovery of contraband is less than smaller quantity. It
is also submitted that as the auto in issue was
occupied by different accused persons, therefore, it
can be safely gathered that the recovery was not made
from the conscious physical possession of this
petitioner, who is a man of clean antecedent. It is also
pointed out that the mandatory provisions as available
under NDPS Act qua sealing search and seizure (SSS)
also not appears followed in its true spirit. While
concluding the argument, it is submitted that
investigation of this case is already completed, for
which charge-sheet has been submitted, as such, there
is no chance of tampering with the evidence and
moreover petitioner found involved in one more
criminal case, where he is on bail.
6. Learned APP opposed the prayer of bail.
7. Considering the aforesaid factual
submissions and by taking note of fact as recovery of
contraband from the possession of petitioner is less
than smaller quantity, where recovery also prima facie
appears doubtful from the conscious physical
Patna High Court CR. MISC. No.54598 of 2025(4) dt.06-02-2026
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possession of this petitioner, coupled with the fact that
investigation of this case is already completed, where
petitioner remains in custody since 21.05.2025,
accordingly, petitioner above named, is directed to be
released on bail in connection with Tikapatti P.S. Case
No. 73/2025 on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Special
Judge (NDPS Act), Purnea/concerned Court, subject to
the conditions as mentioned under Section 437(3) of
the Cr.P.C./Section 480(3) of BNSS.
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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