Patna High Court
Dhananjay Bind @ Dhanjay BindversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted as Section 37 embargo did not apply and the petitioner’s clean antecedent justified release.
Summary
The petitioner, Dhananjay Bind, was arrested on 30 August 2025 in connection with an NDNDPS case involving the recovery of 22.5 kg of green cannabis plants. He applied for bail, asserting a clean criminal record and contending that the FIR was fabricated. Counsel argued that although the raw contraband exceeded the commercial quantity, the dry weight was below the threshold, so Section 37 of the NDPS Act does not bar bail. The State opposed the bail application. The Court, noting the petitioner’s clean antecedent and the argument regarding commercial quantity, granted bail on a bond of Rs.10,000 with two sureties and imposed standard conditions for appearance and non‑tampering with evidence.
Issues considered
- Whether bail can be granted under the NDPS Act when the raw contraband exceeds but the dry contraband is below the commercial quantity threshold
- Whether Section 37 of the NDPS Act imposes an embargo on bail in the present facts
- Whether the petitioner’s clean antecedent warrants bail despite the nature of the offence
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20, 22, 37
Subjects
- bail
- NDPS Act
- cannabis
- commercial quantity
- Section 37
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79786 of 2025
Arising Out of PS. Case No.-39 Year-2025 Thana- HULASGANJ District- Jehanabad
======================================================
Dhananjay Bind @ Dhanjay Bind S/O Late Ramdev Bind @ Ramdeo Bind
Resident of Village - Kedarpur, P.S- Hulasganj, District- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dr Rajendra Prasad, Advocate
For the Opposite Party/s : Mr.Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 29-01-2026 Heard Mr.Dr Rajendra Prasad, learned counsel for the
petitioner and Mr.Bhanu Pratap Singh, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
30.08.2025 in connection with Hulasganj P.S. Case No. 39 of
2025 (NDPS Case No.11 of 2025), F.I.R. dated 09.02.2025
registered for the offence punishable under Sections 20/22 of
NDPS Act.
3. Recovery is of 22.5 Kg of green plants of Ganja.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. The allegation
as alleged in the FIR is false and fabricated and the petitioner
has not committed any offence as alleged in the FIR. It appears
from the FIR that the petitioner’s name has been figured at
Patna High Court CR. MISC. No.79786 of 2025(5) dt.29-01-2026
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Sl.No.14 and seven plant of cannabis in raw from seems to be
Ganja plant were detected from his out house area of the
petitioner which was measuring 22.5 Kg including stem leaves,
flowers and jattas of plants. Learned counsel for the petitioner
submits that although the recovered raw contraband is more
than the commercial quantity but dry contraband is less than the
commercial quantity. Hence, there is no embargo under Section
37 of the N.D.P.S.Act for grant of bail to the petitioner and the
police, after investigation, submitted chargesheet against the
petitioner and the petitioner is in custody since 30.08.2025.
5. Learned A.P.P. for the State, on the other hand, has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and petitioner has
clean antecedent, let the petitioner, above named, be released on
bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with
two sureties of the like amount each to the satisfaction of
learned Principal District and Sessions Judge, Jehanabad in
connection with Hulasganj P.S. Case No. 39 of 2025 (NDPS
Case No.11 of 2025), with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
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on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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