Patna High Court
Ravi Raj @ DharmendraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court held that bail may be granted in NDPS cases where the quantity of narcotic recovered is below the small‑quantity threshold and the accused have no prior criminal record, subject to appropriate conditions.
Summary
The petitioners, Ravi Raj and Lalendra Kumar, were arrested in a Parsa Bazar case for alleged offences under Sections 8(c) and 21(b) of the NDPS Act, with 3.26 gm of brown sugar seized from the first petitioner and no narcotic substance from the second. They claimed they were falsely implicated, argued that the quantity recovered from the first petitioner fell below the statutory ‘small‑quantity’ threshold and that Section 37 of the NDPS Act therefore did not apply, and highlighted their clean antecedent. The prosecution opposed bail, asserting that the accused were involved in the sale and purchase of narcotics. The Court examined the quantity seized, the absence of narcotics from the second petitioner, and the petitioners’ lack of prior criminal record, concluding that bail could be granted with safeguards. Accordingly, the Court ordered bail on a bond of Rs 10,000 each with two sureties and imposed conditions regarding attendance, verification of antecedent, and cancellation on breach. The order clarified that any observations made would not affect the subsequent trial.
Issues considered
- Whether bail can be granted to accused under Sections 8(c) and 21(b) of the NDPS Act when the quantity seized is below the small‑quantity threshold.
- Whether Section 37 of the NDPS Act is attracted in the present facts.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 37, 8(c)
Subjects
- NDPS Act
- bail
- small quantity
- Section 37
- criminal antecedent
- narcotic drugs
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85488 of 2025
Arising Out of PS. Case No.-353 Year-2025 Thana- PARSABAZAR District- Patna
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1. Ravi Raj @ Dharmendra Son of Lalji Prasad Resident of village- Pipra PS-
Ramkrishna Nagar Distt- Patna
2. Lalendra Kumar son of Kamlesh Yadav Resident of village- Udaini, Ps-
Gopalpur, Dist- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Union of India through NCB, Patna, Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Khushi Awadh, Adv.
For U.O.I. (NCB) : Ms. Shail Kumari, C.G.C.
For the State : Mr.Madhura Nand Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the state.
2. The petitioners seeks bail in connection with Parsa
Bazar P.S. Case No. 353of 2025, dated 22.08.2025, instituted for
the offences under Sections 8(c) and 21(b) of the N.D.P.S. Act.
3. As per prosecution case, the informant has alleged
that he received secret information that some persons were
engaged in selling brown sugar. The Police conducted a raid and
apprehended seven persons along with the petitioners and on
search total 7.09 Gm ganja was recovered from the apprehended
persons. It is further alleged that from petitioner no. 1, 3.26 Gm
brown sugar substance was recovered, while from petitioner no.
Patna High Court CR. MISC. No.85488 of 2025(2) dt.06-01-2026
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2 only one mobile phone, digital battery operated machine and
Rs. 310/- were recovered.
4. Learned counsel for the petitioners submit that the
petitioners have falsely been implicated in this case. It has next
been submitted that even if the allegations are taken on its face
value, the quantity recovered from petitioner no. 1 was below
the small quantity and rigors of Section 37 of the N.D.P.S. is not
attracted, while there is no allegation of any narcotics substance
being recovered from petitioner no. 2. It has further been
submitted that petitioners carry clean antecedent and they are in
custody since 23.08.2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioners and has submitted
that the petitioners were involved in selling and buying of
narcotic substance and they should not be released on bail.
6. Considering the aforesaid submissions, the
petitioners above named, are directed to be released on bail on
furnishing bail-bond of Rs. 10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of the learned Sessions Judge/Special Judge (NDPS), Patna in
connection with Parsa Bazar P.S. Case No. 353 of 2025, subject
to the following conditions:-
Patna High Court CR. MISC. No.85488 of 2025(2) dt.06-01-2026
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(i) One of the bailors will be a close relative of the
petitioners.
(ii) The petitioners will remain present on each and
every date fixed by the Court below, if so required by the
learned Trial Court.
(iii) In case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bond of the petitioners
will be liable to be canceled by the Court concerned.
(iv) And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above mentioned order
shall not be delayed for purpose of the same or in the name of
verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
pravinkumar/-
U T
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