Patna High Court
Anish Kumar Rana @ Anish SinghversusThe Union of India through N.C.B, Patna
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(c), 25, 27A, 29, 37, 8(c)
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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