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Patna High Court

Anish Kumar Rana @ Anish SinghversusThe Union of India through N.C.B, Patna

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail may be granted as the petitioner was not in possession of the seized narcotics and had no criminal antecedent, despite the commercial quantity involved.

Summary

Anish Kumar Rana was arrested in connection with a seizure of 45.3 kg of ganja recovered from the houses of co‑accused Chandan Yadav and Anil Mehta. The petitioner contended that no contraband was found in his possession or in the vehicle he was travelling in, and that he was falsely implicated, having no prior criminal record. The NCB opposed bail, arguing that the quantity seized was commercial and that Section 37 of the NDPS Act barred bail. The court noted that the recovery was not from the petitioner’s conscious possession, that a co‑accused had already been granted bail, and that the petitioner had no antecedents. Accordingly, the court ordered his release on bail with a bond of Rs 10,000 and two sureties, subject to his personal appearance at every trial date.

Issues considered

  • Whether bail can be granted to an accused in an NDPS case where a commercial quantity of narcotics has been seized but none was found in the accused’s possession.
  • Whether Section 37 of the NDPS Act bars the grant of bail in such circumstances.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • commercial quantity
  • false implication
  • surety
  • Section 37
  • court discretion

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.6635 of 2026
                    Arising Out of PS. Case No.-1 Year-2025 Thana- N.C.B (GOVERNMENT OFFICIAL)
                                                      District- Supaul
                 ======================================================
                 Anish Kumar Rana @ Anish Singh S/o Abhay Kumar Singh R/o Village -
                 Vikrampur, Ward No. 6, P.S - Cheriya Bariyarpur, District - Begusarai
                                                                              ... ... Petitioner/s
                                                   Versus
                 The Union of India through N.C.B, Patna Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Priya Ranjan, Adv.
                 For the NCB              :      Mr. Arvind Kumar, Adv.
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

3   27-02-2026                          The instant case being heard on the basis of

                   mentioning slip.

                                 2. Heard learned counsel for the petitioner and learned

                   counsel appearing for NCB.

                                 3. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 8(c), 20 (b) (ii) (c), 25, 27 A

                   and 29 of N.D.P.S Act.

                                 4. There is recovery of 45.3 kg ganja from the house

                   of co-accused Chandan Yadav.

                                 5. Learned counsel for the petitioner submits that

                   petitioner has been falsely implicated in the case. No recovery

                   was made from the car in which the petitioner was seated along

                   with other accused persons. On suspicion, the house of

                   petitioner was also searched but no incriminating article was
Patna High Court CR. MISC. No.6635 of 2026(3) dt.27-02-2026
                                            2/3




          recovered and the alleged recovery was made from house of co-

          accused Anil Mehta and Chandan Yadav. Petitioner is no way

          concerned with the contraband that was seized and with no

          criminal antecedent, he is languishing in custody since

          12.02.2025 and the present stage of the case is that the charges

          have also been framed on 12.12.2025. Co-accused Sobhanand

          Yadav has been granted bail by a co-ordinate Bench of this

          Court vide order dated 13.01.2026 in Cr. Misc. No. 3556 of

          2026.

                       6. Mr. Arvind Kumar, learned counsel appearing for

          NCB, however, strongly opposes the grant of bail and has filed a

          counter affidavit detailing the seizure and opposes on the ground

          that recovered ganja is of commercial quantity and as such bar

          of Section 37 of the N.D.P.S Act shall operate.

                        7. Taking into consideration the aforesaid facts and

          circumstances of the case and also considering the fact that no

          recovery was made from conscious possession of the petitioner

          and another co-accused has been granted bail by aforesaid order

          dated 13.01.2026, coupled with the fact that petitioner has no

          criminal antecedent, the above named petitioner is directed to be

          enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees

          Ten Thousand) with two sureties of the like amount each to the
              Patna High Court CR. MISC. No.6635 of 2026(3) dt.27-02-2026
                                                          3/3




                        satisfaction of the learned Court below where the case is

                        pending/successor Court in connection with NDPS Case No.

                        16/25/CNR No. BRSU010068882025 arising out of NCB Cr.

                        No. 01 of 2025, subject to the condition that the petitioner shall

                        remain physically present in court on each and every date during

                        trial and in the event of failure on two consecutive dates without

                        sufficient reasons, his bail bonds shall be liable to be cancelled

                        by the learned court concerned.



                                                  (Soni Shrivastava, J)
Harsh/-

U         T


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