Patna High Court
Rupesh Kumar Yadav @ RupeshversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted because the contraband was below commercial quantity and the statutory conditions of Sections 42, 50 and 37 of the NDPS Act were not satisfied.
Summary
The petitioner, Rupesh Kumar Yadav, was arrested in connection with a case under Sections 8(c) and 21(B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for allegedly possessing 50 grams of 'smack'. He contended that he was falsely implicated, had no prior criminal record, and that the seized quantity was below the commercial threshold, rendering Section 37 inapplicable and there was no compliance with Sections 42 and 50 of the NDPS Act. The State opposed bail, but the court noted the low quantity of contraband and the absence of statutory conditions for denial of bail. Consequently, the court granted bail on a bond of Rs. 15,000 with two sureties and imposed standard conditions regarding appearance, non‑tampering, and territorial restrictions. The bail order was issued by Justice Rudra Prakash Mishra.
Issues considered
- Whether bail can be granted in an NDPS case where the seized narcotic quantity is below the commercial threshold.
- Whether Sections 37, 42 and 50 of the NDPS Act are applicable to the petitioner’s situation.
- Whether the petitioner’s lack of prior record and claim of false implication warrant bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 21(B), 37, 42, 50, 8(c)
Subjects
- bail
- NDPS Act
- drug possession
- commercial quantity
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5820 of 2026
Arising Out of PS. Case No.-108 Year-2025 Thana- Bathnaha District- Araria
======================================================
Rupesh Kumar Yadav @ Rupesh Son of Umesh Yadav Resident of village -
Diwanganj, P.S.- Sahebganj, Dist.- Sursari (Nepal)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Bathnaha P.S. Case No. 108 of 2025 instituted for the offences
under Sections 8(c), 21(B) of the N.D.P.S. Act.
3. Prosecution case, in short, is that total 50 grams of
smack has been recovered from the petitioner.
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 13.11.2025 and has no criminal antecedent. There
is no allegation of tampering of witnesses alleged against the
petitioner. No incriminating material has been recovered from
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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 Bathnaha P.S. Case
No. 108 of 2025, subject to the following conditions:
(I) One of the bailors shall be the deponent of the
present bail application, namely, Anita Devi who is the aunt 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
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consecutive dates, the Trial Court will have liberty to cancel the
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.
(IV) Petitioner shall not leave the territorial
jurisdiction of the learned court below without taking prior
permission of the court concerned.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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