Patna High Court
Bhola Patel @ Bhola Raut KurmiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted as the contraband was below commercial quantity and the statutory conditions for denial of bail were not satisfied.
Summary
Bhola Patel and Kedar Patel were arrested in connection with a case involving the recovery of 4.100 kg of ganja and charged under Sections 20(b)(ii) and 23(c) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The petitioners argued that they were falsely implicated, had no prior criminal record, and that the seized quantity was below the commercial threshold, making Section 37 inapplicable and noting non‑compliance with Sections 42 and 50. The State opposed bail. The High Court, considering the low quantity of contraband, the petitioners' clean record, and the lack of incriminating material in their possession, granted bail subject to a bond of Rs. 15,000 each, two sureties, and conditions to appear in court, refrain from tampering with evidence, and avoid intimidation of witnesses. The order also empowered the trial court to cancel bail on violation of conditions.
Issues considered
- Whether bail can be granted to accused under the NDPS Act when the seized narcotic quantity is below commercial quantity
- Whether Section 37 of the NDPS Act applies in the present case
- Whether the procedural requirements of Sections 42 and 50 of the NDPS Act have been complied with
- Whether the petitioners are entitled to bail despite being in custody since 23-10-2025
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii), 23(c), 37, 42, 50
Subjects
- NDPS Act
- bail
- narcotics
- commercial quantity
- Section 20
- Section 23
- Section 37
- Section 42
- Section 50
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9026 of 2026
Arising Out of PS. Case No.-397 Year-2025 Thana- ADAPUR District- East Champaran
======================================================
1. Bhola Patel @ Bhola Raut Kurmi S/O Late Chandrika Patel Resident of
village- Gamhariya ward no. 3, P.S.- Kalaiya, District- Bara Nepal
2. Kedar Patel @ Kedar Raut Kurmi S/O Late Harihar Patel Resident of
village- Gamhariya ward no. 3, P.S.- Kalaiya, District- Bara Nepal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aditya Kumar Pandey, Advocate
For the Opposite Party/s : Mr.Binod Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with Adapur
P.S. Case No. 397 of 2025 (NDPS G.R. Case No. 153 of 2025)
instituted for the offences under Sections 20(b)(ii) and 23(c) of
the N.D.P.S. Act.
3. Prosecution case, in short, is that 4.100 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.
Petitioners are in custody since 23.10.2025 and have no criminal
antecedent. There is no allegation of tampering of witnesses
Patna High Court CR. MISC. No.9026 of 2026(2) dt.19-02-2026
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alleged against the petitioners. No incriminating material has
been recovered from the conscious possession of the petitioners.
Petitioners have 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 petitioners.
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
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 Adapur P.S. Case
No. 397 of 2025 (NDPS G.R. Case No. 153 of 2025), subject to
the following conditions:
(I) One of the bailors shall be the deponent namely
Raman Kumar, son of Madan Singh.
Patna High Court CR. MISC. No.9026 of 2026(2) dt.19-02-2026
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(II) The petitioners shall appear on each and every
date fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioners 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
petitioners.
(Rudra Prakash Mishra, J)
manish/-
U T
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