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Patna High Court

Ravi Raj @ DharmendraversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
           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
                                            2/3




          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
                                                       3/3




                                  (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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