Patna High Court
Anil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioners, holding that the circumstances did not warrant continued detention.
Summary
The petitioners, Anil Kumar and Bhola Thakur, were arrested in connection with a case involving the recovery of 16.428 kg of ganja and charged under Sections 8 and 20(b)(ii)(B) of the NDPS Act. They argued that they were falsely implicated, had no prior criminal record, and that no incriminating material was found in their possession. The prosecution contended that the seizure warranted continued custody. The court noted that the quantity seized was below the commercial threshold, rendering Section 37 inapplicable, and observed non‑compliance with Sections 42 and 50 of the NDPS Act. Considering the clean antecedent and the circumstances, the court granted bail with a bond of Rs. 15,000 each, two sureties, and conditions regarding appearance and non‑tampering with evidence.
Issues considered
- Whether bail can be granted to accused under the NDPS Act for possession of 16.428 kg of ganja, which is below commercial quantity
- Whether Section 37 of the NDPS Act applies in the present case
- Whether the requirements of Sections 42 and 50 of the NDPS Act have been complied with
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(B), 37, 42, 50, 8
Subjects
- bail
- NDPS Act
- drug possession
- commercial quantity
- Section 37
- Section 42
- Section 50
- presumption of guilt
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89128 of 2025
Arising Out of PS. Case No.-92 Year-2025 Thana- GAYA RAIL P.S. District- Gaya
======================================================
1. Anil Kumar S/o Chandrapal Kumar R/o Village - Badnawa, P.S - Binauli,
District - Bagpath, State - U.P
2. Bhola Thakur S/o Satynarayan Thakur R/o Village - Godhar, P.S - Khirhar,
District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sudhir Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 17-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with Rail
Gaya P.S. Case No. 92 of 2025 instituted for the offences under
Sections 8, 20(b),ii(B) of the N.D.P.S. Act.
3. Prosecution case, in short, is that total 16.428 kg of
ganja has been recovered in this case.
4. Learned counsel for the petitioners submitted that
the petitioners have falsely been implicated in the present case.
Charge-sheet has been submitted in this case. Petitioners are in
custody since 08.04.2025 and have no criminal antecedent.
There is no allegation of tampering of witnesses alleged against
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the petitioners. No incriminating material has been recovered
from the conscious possession of the petitioners. The recovered
contraband is below the 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 petitioners.
6. Considering the aforesaid facts and circumstances
of the case, clean antecedent as also the period of custody
undergone by the petitioners, this Court is inclined to grant bail
to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with
two sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Rail Gaya P.S. Case
No. 92 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioners.
(II) The petitioners 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
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the bail bonds of the petitioners.
(III) If the petitioners tamper with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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