Patna High Court
Shiv Kumar Rai @ Shiv Kumar RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted as the seized narcotic quantity is below commercial quantity and the statutory conditions for denial of bail under the NDPS Act are not met.
Summary
The petitioner, Shiv Kumar Rai, sought bail in a case under Sections 8(c) and 21(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act where 7.85 grams of smack, a mobile phone and cash were seized. He contended that he was falsely implicated, had no contraband in his possession and only one prior criminal antecedent. The court noted that the seized quantity was below the commercial threshold, rendering Section 37 inapplicable, and that the procedural requirements of Sections 42 and 50 were not satisfied. Considering these facts and the period of custody already served, the court decided to grant bail. Bail was conditioned on a bond of Rs.15,000 with two sureties, appearance at all trial dates, and a prohibition on tampering with evidence or influencing witnesses.
Issues considered
- Whether bail can be granted under the NDPS Act when the seized narcotic quantity is below commercial quantity.
- Whether Sections 37, 42 and 50 of the NDPS Act are applicable in the present case.
- Whether the petitioner’s prior criminal antecedent precludes the grant of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 37, 42, 50, 8(c)
Subjects
- bail
- NDPS Act
- contraband
- commercial quantity
- Section 8(c)
- Section 21(b)
- Section 37
- Section 42
- Section 50
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8835 of 2026
Arising Out of PS. Case No.-16 Year-2026 Thana- TEGHRHA District- Begusarai
======================================================
Shiv Kumar Rai @ Shiv Kumar Ray S/o- Late Ram Udgar Rai R/o -
Daniyalpur, Ward No.4, P.S - Teghra, District - Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anil Kumar Choudhary, Advocate
For the Opposite Party/s : Mr.Bharat Lal, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Teghra
P.S. Case No. 16 of 2026, 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 7.85 grams of
Smack, one mobile and some cash has been recovered in this
case.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Petitioner is in custody since 09.01.2026 and has one criminal
antecedent. 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.
Patna High Court CR. MISC. No.8835 of 2026(2) dt.19-02-2026
2/3
Petitioner has 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 Teghra P.S. Case
No. 16 of 2026, 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.
Patna High Court CR. MISC. No.8835 of 2026(2) dt.19-02-2026
3/3
(III) The petitioner shall not tamper with the
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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