Patna High Court
Rahul SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner subject to monetary bond and strict conditions.
Summary
Rahul Sah was arrested after a SSB raid recovered 184 grams of brown sugar, a pistol with live cartridges, electronic devices, and cash. He is charged under Sections 8(c) and 21(b) of the NDPS Act and Sections 25(1‑b)a, 26 and 35 of the Arms Act. The petitioner contended that the seized contraband was below commercial quantity, no incriminating material was found on his person, and therefore Section 37 of the NDPS Act does not apply. The State opposed bail, citing the seriousness of the offences and the petitioner’s prior criminal record. The Court, after considering the facts, the limited quantity of drugs, and the petitioner’s custody period, granted bail subject to a cash bond and several conditions, including appearance in court and non‑tampering with evidence.
Issues considered
- Whether bail can be granted in a case involving offences under the NDPS Act and the Arms Act despite the presence of seized contraband and prior criminal antecedents
- Whether the quantity of narcotics seized (184 grams) falls below the threshold for invoking Section 37 of the NDPS Act
- Whether the petitioner’s lack of direct possession of the seized items warrants bail
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 37, 42, 50, 8(c)
Subjects
- bail
- NDPS Act
- Arms Act
- drug quantity
- section 37
- criminal antecedents
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6486 of 2026
Arising Out of PS. Case No.-254 Year-2025 Thana- BASOPATTI District- Madhubani
======================================================
Rahul Sah Son of Surendra Sah Resident of village- Mahinathpur, Ps-
Basopatti, Dist- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Kumar Sharma, Advocate
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Basopatti P.S. Case No. 254 of 2025 instituted for the offence
under Sections 8(c) & 21(b) of the NDPS Act and Sections
25(1-b)a, 26 & 35 of the Arms Act.
3. On receipt of secret information, an SSB raiding
team conducted a search of the residence of co-accused Deepak
Sah and Rahul Sah (petitioner) on 15.10.2025. During the
search, 184 grams of brown sugar, one country-made pistol with
8 mm live cartridge, seven mobile phones, one iPad, an
electronic weighing machine, Indian currency of Rs. 12,450/-,
Nepali currency of Rs. 1,01,960/- and a Royal Enfield
Patna High Court CR. MISC. No.6486 of 2026(2) dt.10-02-2026
2/3
motorcycle were recovered and seized.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 16.10.2025. Petitioner
bears two criminal antecedents, as per disclosure made in
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. No incriminating material has been recovered from the
conscious possession of the petitioner. Learned counsel for the
petitioner further submits that petitioner has no concern either
with the recovered contraband or with the arms. 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. There
is no compliance of Sections 42 and 50 of the N.D.P.S. Act.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case and period of custody of the petitioner, this Court is
inclined to grant bail to the petitioner.
8. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- (Fifteen Thousand) with two sureties of the like
Patna High Court CR. MISC. No.6486 of 2026(2) dt.10-02-2026
3/3
amount each to the satisfaction of Court below/concerned Court
in connection with Basopatti P.S. Case No. 254 of 2025, subject
to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial and shall not remain absent on two consecutive
dates without sufficient cause.
(III) The petitioner will not tamper with the evidence
or the witnesses during the trial.
(IV) Petitioner shall not commit offence of similar
nature in future.
If any of the above conditions are violated, the Trial
Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
Checking your session…