Patna High Court
Raju Prasad Kushwaha @ Raju PrasadversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(a), 22(a), 23(a), 8(c)
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
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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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