Patna High Court
Ritik KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioner as the seized quantity is below commercial quantity and the statutory conditions for denial of bail are not satisfied.
Summary
Ritik Kumar was arrested in connection with a recovery of 42 grams of a heroin-like substance, alleged to have been found on co-accused Vishal Kumar. The petitioner claimed innocence, arguing that no contraband was found in his possession, that the quantity recovered was below the commercial threshold, and that the statutory conditions for denial of bail under Sections 37, 42 and 50 of the NDPS Act were not met. The State opposed bail, contending the seriousness of the offence. The Court examined the facts, noted the low quantity and lack of incriminating material against the petitioner, and considered the precedent of bail granted to another co-accused. Consequently, the Court granted bail on a cash bond of Rs.15,000 with two sureties and imposed conditions regarding family surety and regular appearance in court.
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 to the petitioner
- Whether the petitioner’s custody period and lack of prior criminal record justify bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 22, 27(A), 29, 37, 42, 50, 8(c)
Subjects
- bail
- NDPS Act
- heroin
- commercial quantity
- Section 37
- Section 42
- Section 50
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88613 of 2025
Arising Out of PS. Case No.-291 Year-2025 Thana- SHIVSAGAR District- Rohtas
======================================================
Ritik Kumar Son of Umesh Chaudhary Resident of Village- Barahpathar,
Ward No. 36, Dehri, Post- Dehri, P.S.- Dehri, District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate
For the Opposite Party/s : Mrs. Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Shiv
Sagar P.S. Case No. 291 of 2025, instituted for the offences
punishable under Sections 8(c), 21(b), 22, 27(A) and 29 of the
NDPS Act.
3. Prosecution allegation, in short, is that there is
recovery of 42 gram of heroine like substance in this case and
the petitioner along with other co-accused person has been
arrested on spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.88613 of 2025(3) dt.20-02-2026
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the conscious possession of the petitioner. Learned counsel for
the petitioner also submitted that the petitioner has got no
concern with the alleged recovery of heroine. The alleged
recovery has been made from the possession of co-accused
Vishal Kumar. The recovered contraband is below the
commercial quantity. Hence, Section 37 of the N.D.P.S. Act is
not applicable in the present case. The petitioner is in custody
since 06.09.2025 and has got no criminal antecedent. There is
no compliance of Sections 42 and 50 of the N.D.P.S. Act.
Learned counsel for the petitioner further submitted that other
co-accused person has been granted regular bail by a co-
ordinate Bench of this Court vide order dated 28.01.2026 passed
in Cr. Misc. No. 5031 of 2026.
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, the recovered contraband being below the
commercial quantity and 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
Patna High Court CR. MISC. No.88613 of 2025(3) dt.20-02-2026
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below/concerned Court in connection with Shiv Sagar P.S. Case
No. 291 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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