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Patna High Court

Ankit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail must be granted because the seized narcotic quantity is below commercial quantity and the petitioners were not found in conscious possession.

Summary

The petitioners, Ankit Kumar and Banti Kumar, were arrested in connection with a case under Sections 8, 20(b)(ii)(B) and 25 of the NDPS Act after 12.635 kg of ganja was recovered from a car they were travelling in. They contended that they were falsely implicated, that no contraband was found in their conscious possession and that the seized quantity was below the commercial threshold, rendering Section 37 inapplicable. The State opposed bail, while the petitioners highlighted the lack of compliance with Sections 42 and 50 of the NDPS Act and their relatively short period of custody. The Court, noting the sub‑commercial quantity and the circumstances of the case, decided to grant bail subject to bond and surety conditions and attendance requirements. Both petitioners were ordered to be released on bail with specified conditions.

Issues considered

  • Whether bail should be granted to the accused under the NDPS Act when the seized narcotic quantity is below commercial quantity.
  • Whether the non‑compliance of Sections 42 and 50 of the NDPS Act affects the grant of bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • drug offence
  • commercial quantity
  • Section 37
  • Section 42
  • Section 50
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77897 of 2025
                     Arising Out of PS. Case No.-116 Year-2025 Thana- BALIA BELON District- Katihar
                 ======================================================
           1.     Ankit Kumar S/O Lalan Sharma R/O-Bhagwanpur Naugachia, P.S-
                  Dholbazza, Dist- Bhagalpur, Bihar.
           2.    Banti Kumar @ Sagar S/O Ajay Mandal @ Ajay Ray R/O Village- Bhihta
                 Tola, P.S- Chausa, Distt.- Madhepura- 853204.


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


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :       Mr. Vishal Vikram Rana, Advocate
                                                   Ms. Misha Bharti, Advocate
                                                   Mr. Akash Priye, Advocate
                                                   Mr. Anurag Darshi, Advocate
                                                   Mr. Kumar Saurav Dev, Advocate
                 For the Opposite Party/s :        Mr. Nand Kishore Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA

                                                   ORAL ORDER

4   04-02-2026                          Heard learned counsel for the petitioners, learned

                   APP for the State and perused the case diary.

                                2. The petitioners seek bail in connection with Balia

                   Belon P.S. Case No. 116 of 2025, instituted for the offences

                   punishable under Sections 8, 20(b)(ii)(B) and 25 of the NDPS

                   Act.

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

                   recovery of 12.635 Kg of Ganja from a car in which the

                   petitioners along with other co-accsued persons were travelling.
Patna High Court CR. MISC. No.77897 of 2025(4) dt.04-02-2026
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                      4. Learned counsel for the petitioners submits that the

          petitioners are innocent and has falsely been implicated in the

          present case. Charge-sheet has been submitted in this case. No

          incriminating material has been recovered from the conscious

          possession of the petitioners. Learned counsel for the petitioners

          further submitted that the petitioners have got no concern with

          the alleged recovery of ganja. 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

          petitioners are in custody since 26.07.2025. Petitioner no. 1 has

          got one criminal antecedent in which he is on bail and petitioner

          no. 2 has got no criminal antecedent. 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 petitioners.

                       6. Considering the aforesaid facts and circumstances

          of the case, the recovered contraband being below the

          commercial quantity and the period of custody undergone by the

          petitioners, this Court is inclined to grant bail to the petitioners.

                       7. Let petitioner no. 1 be released on bail after

          framing of charge, if not already framed, and petitioner no. 2

          be released on bail on furnishing bail bonds of Rs.15,000/-
             Patna High Court CR. MISC. No.77897 of 2025(4) dt.04-02-2026
                                                         3/3




                       (Rupees Fifteen Thousand) each with two sureties of the like

                       amount each to the satisfaction of Court below/concerned Court

                       in connection with Balia Belon P.S. Case No. 116 of 2025,

                       subject to the following conditions:

                                    (I) One of the bailors shall be own/close member of

                       the family of the petitioners.

                                    (II) The petitioners shall appear on each and every

                       date fixed at the trial. In case of default in such appearance on

                       two consecutive dates, the prosecution will have liberty to move

                       for cancellation of bail.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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