Patna High Court
Krishna RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Krishna Rai, was arrested in connection with a case under Sections 8(c) and 21(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for alleged possession of 47 grams of smack. He claimed false implication, noting that no contraband was found in his possession and that the seized quantity was below commercial threshold, making Section 37 inapplicable. The prosecution highlighted his three prior criminal records and opposed bail. The court examined the low quantity, lack of material on the petitioner, and the statutory requirements of Sections 42 and 50, concluding that bail could be granted. Accordingly, the court ordered his release on bail of Rs.15,000 with two sureties and imposed conditions regarding appearance, non‑tampering with evidence, and non‑intimidation of witnesses.
Issues considered
- Whether bail should be granted to the accused under the NDPS Act when the seized narcotic quantity is below commercial quantity and the accused has prior criminal antecedents.
- Whether the provisions of Sections 37, 42 and 50 of the NDPS Act are applicable in the present case.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 37, 42, 50, 8(c)
Subjects
- bail
- NDPS Act
- narcotics
- commercial quantity
- criminal antecedents
- trial conditions
- section 37
- section 42
- section 50
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79433 of 2025
Arising Out of PS. Case No.-342 Year-2025 Thana- PATNA CITY CHOWK District- Patna
======================================================
Krishna Rai Son of Late Ramdev Rai Resident of Kila Ghat, P.S.- Chowk,
District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sabal Kumar Jha, Advocate
For the Opposite Party/s : Mr.Upendra Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Chowk
P.S. Case No. 342 of 2025, instituted for the offences under
Sections 8(c) and 21(b) of the N.D.P.S. Act.
3. Prosecution case, in short, is that 47 grams of
Smack has been recovered in this case.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Charge-sheet has been submitted in this case. Petitioner is in
custody since 01.09.2025 and has three criminal antecedents.
There is no allegation of tampering of witnesses alleged against
the petitioner. No incriminating material has been recovered
from the conscious possession of the petitioner. Petitioner has
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no concern with the alleged recovery. The recovered contraband
is below commercial quantity, and 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.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, recovered contraband being less than the
commercial quantity as also the period of custody undergone by
the petitioner, this Court is inclined to grant bail to the
petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Chowk P.S. Case
No. 342 of 2025, subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or
close member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
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prosecution evidence or influence/intimidate any witness during
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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