Patna High Court
Ankit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(B), 25, 37, 42, 50, 8
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
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(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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