Patna High Court
Usha DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted because the seized contraband was less than the statutory ‘smaller quantity’ and there was no evidence of conscious possession by the petitioners.
Summary
The petitioners, Usha Devi and Sanjay Yadav, were named in an FIR for alleged offences under Section 30(a) of the Excise Act and Section 8/20(B)(ii) of the NDPS Act, based on the recovery of 240 g of ganja, 49.68 L of foreign liquor and 55 L of country liquor from a public laboratory. They contended that the seized narcotics constituted a ‘smaller quantity’, that they had no conscious physical possession, and that their names were disclosed by third‑party witnesses. The State opposed the bail application. The Court observed that the quantity seized was indeed below the statutory threshold for a smaller quantity and that there was no evidence of conscious possession by the petitioners. Consequently, the Court directed that the petitioners be released on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to the conditions of Section 482(2) of the BNSS. The bail was granted pending further trial in the underlying case.
Issues considered
- Whether the quantity of ganja and liquor seized qualifies as ‘smaller quantity’ under the NDPS and Excise statutes.
- Whether the petitioners were in conscious physical possession of the contraband.
- Whether bail should be granted in view of the alleged offences under the Excise Act and NDPS Act.
Legislation cited
- Excise Act — s. 30(a)
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(B)(ii), 8
Subjects
- bail
- NDPS Act
- Excise Act
- smaller quantity
- possession
- public laboratory
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57391 of 2025
Arising Out of PS. Case No.-889 Year-2024 Thana- SHASTRINAGAR District- Patna
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1. Usha Devi W/o Sanjay Yadav R/o PWD Jhoparpatty, P.S.- Shastrinagar,
District- Patna, Bihar
2. Sanjay Yadav @ Sanjay Kumar S/o Bindeshwar Rai R/o Akhada ke piche,
Danapur, Distt.- Patna, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Akash Deep
For the Opposite Party/s : Mr.Pushpa Sinha.1
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 06-02-2026 Heard the parties.
2. The petitioners are named in the F.I.R. and
apprehending their arrest in connection with Shastrinagar
P.S. Case No. 889 of 2024 registered for the offences
punishable under Sections 30(a) Excise Act and Section
8/20(B)iiA of NDPS Act.
3. As per FIR, 240 grams of Ganja, 49.680 Lt of
foreign made liquor and 55 Lt of country made liquor
were recovered from various rooms of the laboratory.
Petitioners alleged to run away after seeing the police and
their name was disclosed by nearby persons.
Patna High Court CR. MISC. No.57391 of 2025(3) dt.06-02-2026
2/3
4. It is submitted by learned counsel appearing
on behalf of the petitioners that Ganja as alleged to be
recovered is less than smaller quantity and that to from a
public laboratory which is accessible by general public and
merely on the basis of suspicion as the name of
petitioners was disclosed by nearby persons, they were
implicated with present case, same is about the recovery
of foreign made and country made liquor. It is pointed
out that seizure list also not appears supported by
independent witnesses rather by police personals and
moreover petitioners are of clean antecedent.
5 Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and by
taking note of fact as recovery of alleged contraband
which is less than smaller quantity and also foreign made
and country made liquor prima-facie not appears
recovered from conscious physical possession of the
petitioner, accordingly both above-named petitioners, in
the event of their arrest or surrender before the court
Patna High Court CR. MISC. No.57391 of 2025(3) dt.06-02-2026
3/3
below within a period of four weeks, are directed to be
released on bail, furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned Sessions
Judge/ Spl. Judge NDPS, Patna Sadar /concerned Court,
where the case is pending in connection with Shastrinagar
P.S. Case No. 889 of 2024, subject to the conditions as
laid down under Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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