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Patna High Court

Raju Prasad Kushwaha @ Raju PrasadversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Raju Prasad Kushwaha, was arrested in connection with a case under the NDPS Act for possession of 20 grams of Tramadol tablets and 0.4 grams of Nitrezipam, quantities below the commercial and small quantity thresholds respectively. He applied for regular bail, asserting innocence, lack of independent witnesses to the seizure, and no prior criminal record, while having been in judicial custody since 24 September 2025. The State opposed the bail application. The court examined the quantities involved, the statutory definitions of commercial and small quantities, and the petitioner’s clean antecedent, and found no compelling reason to deny bail. Consequently, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount. The order was pronounced by Justice Ashok Kumar Pandey.

Issues considered

  • Whether regular bail can be granted under the NDPS Act for possession of drug quantities less than the commercial or small quantity thresholds.
  • Whether the absence of an independent witness to the seizure list and the petitioner’s clean criminal record justify bail.

Legislation cited

Subjects

  • NDPS Act
  • regular bail
  • drug possession
  • commercial quantity
  • small quantity
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89458 of 2025
                 Arising Out of PS. Case No.-133 Year-2025 Thana- JHAROKHAR District- East Champaran
                 ======================================================
                 Raju Prasad Kushwaha @ Raju Prasad Son of Gudri Mahto Resident of
                 Village - Koraiya, P.O.- Jamunia, P.S.- Jharokhar, District - East Champaran.
                                                                                 ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sanjay Kumar
                 For the Opposite Party/s :       Mr.Ajit Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                        CAV ORDER

3   17-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 8(c), 21(a),

                   22(a) and 23(a) of the NDPS Act.

                                3. The case of the prosecution is that from the bike of

                   this petitioner, Tramol 50 mg (40 strips x 10 Nos) = 400 tablets

                   (altogether 20 grams) and Netzecare-10 mg (04 strips x 10 Nos) =

                   40 tablets ( altogether 0.4 grams) were recovered.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that there is no

                   independent witness of the seizure list rather they are police

                   personnel. The said contraband i.e., Tramol 50mg which has been

                   recovered from the possession of this petitioner is though more
             Patna High Court CR. MISC. No.89458 of 2025(3) dt.17-01-2026
                                                         2/2




                       than small quantity but is much less than commercial quantity as

                       per N.D.P.S. Act as the commercial quantity of Tramadol tablet is

                       250 gram. The recovery of Netzecare-10 mg containing

                       Nitrezipam is concerned, the same is less than small quantity as

                       per NDPS Act. A statement has been made in para-3 of this

                       petition that the petitioner has got no criminal antecedent.

                       Moreover, he is languishing in judicial custody since 24.09.2025.

                                    5. Learned APP appearing for the State has vehemently

                       opposed the prayer of regular bail.

                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this court is

                       inclined to enlarge the petitioner on bail. The above named

                       petitioner is directed to be released on bail in connection with

                       Jharokhar P.S. Case No. 133 of 2025 on furnishing bail bond of

                       Rs.10,000/- (ten thousand) with two sureties of the like amount

                       each to the satisfaction of learned C.J.M., East Champaran,

                       Motihari.



                                             (Ashok Kumar Pandey, J)

Shubham/-
AFR/NAFR                NAFR
CAV DATE                15.01.2026.
Uploading Date          17.01.2026.
Transmission Date       17.01.2026.


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