Patna High Court

Ashish Kumar @ RaviversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: NAWNEET KUMAR PANDEY

Holding

The court granted bail to the petitioner.

Summary

Ashish Kumar was arrested in connection with a drug seizure involving 29.83 g of heroin (smack) and 661.18 g of ganja, and charged under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023, together with several provisions of the NDPS Act. The petitioner contended that no contraband was found in his personal possession, that the seized quantity was below the commercial threshold, and that he had no prior criminal record, while the co‑accused had already been released on bail. The State opposed bail, arguing the seriousness of the offences. The court considered the low quantity, the lack of incriminating material on the petitioner, his prolonged pre‑trial detention of nine months, and the precedent of bail granted to co‑accused. Accordingly, the court ordered his release on bail with a bond of Rs 10,000 and two sureties.

Issues considered

Whether bail should be granted to the accused under Section 317(5) of the Bharatiya Nyaya Sanhita and the NDPS Act.
Whether the quantity of drugs seized falls below the commercial quantity, rendering Section 37 of the NDPS Act inapplicable.
Whether the procedural requirements of Sections 42 and 50 of the NDPS Act have been complied with.
Whether the petitioner’s lack of personal possession of the contraband and his clean record justify bail.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 317(5)
Narcotic Drugs and Psychotropic Substances Act — s. 20(B)IIA, 21(b), 37, 42, 50, 8, 8(c)

Subjects

bail
NDPS Act
commercial quantity
drug offences
pre‑trial detention
Section 317
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.62568 of 2025
                    Arising Out of PS. Case No.-536 Year-2025 Thana- AHIYAPUR District- Muzaffarpur
                 ======================================================
                 Ashish Kumar @ Ravi S/o Vijay Mandal @ Vijay Kumar Resident of Village-
                 Narma, P.S- Rampur Hari, District-Muzaffarpur

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Kumod Kumar Shrivastaw
                 For the Opposite Party/s :       Mr.Nand Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

4   19-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Ahiyapur P.S. Case No. 536 of 2025, instituted for the offences

                   punishable under Section 317(5) of the Bharatiya Nyaya

                   Sanhita, 2023, read with Sections 8(c), 21(b), 8, 20(B)IIA of the

                   NDPS Act.

                                3. Prosecution allegation, in short, is that there is

                   recovery of total 29.83 gram smack and 661.18 gram ganja in

                   this case and the petitioner was apprehended on spot along with

                   other co-accused persons.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.62568 of 2025(4) dt.19-01-2026
                                            2/3




          present case. No incriminating material has been recovered from

          the conscious possession of the petitioner. Learned counsel for

          the petitioner further submits that the petitioner has got no

          concern with the alleged recovery of the contraband. The

          recovered contraband is below the commercial quantity. Hence,

          Section 37 of the N.D.P.S. Act is not applicable in the present

          case. The petitioner is in custody since 18.04.2025 and has got

          no criminal antecedent. There is no compliance of Sections 42

          and 50 of the N.D.P.S. Act. The co-accused from whose

          possession, the recovered contraband is in more quantity than

          the petitioner, has been granted bail by a co-ordinate bench of

          this court.

                        5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                        6. Considering the fact that the recovered contraband

          is below the commercial quantity and the petitioner has

          remained in custody for about nine months as also the fact that

          the case of this petitioner stands on better footing to that of the

          co-accused who have been granted bail by a coordinate bench of

          this court, the petitioner be released on bail on furnishing bail

          bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties

          of the like amount each to the satisfaction of learned Special
            Patna High Court CR. MISC. No.62568 of 2025(4) dt.19-01-2026
                                                        3/3




                      Judge, Exclusive Special Court-1 (N.D.P.S.) Civil Court,

                      Muzaffarpur in connection with Ahiyapur P.S. Case No. 536 of

                      2025.



                                           (Nawneet Kumar Pandey, J)
A.K.V.//-

U      T

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