Patna High Court
RajkumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court held that bail must be granted as there is no statutory embargo and the prosecution has failed to comply with the procedural requirements.
Summary
Petitioner Rajkumar was arrested on 19-08-2025 for alleged possession of 8 kg of ganja, alleged under Sections 8 and 20(b)(ii)(B) of the NDPS Act, 1985. He applied for bail, contending that he has a clean antecedent, the seized quantity is below the commercial threshold, and that the prosecution failed to comply with Section 50 of the NDPS Act and Sections 103 and 105 of the Bihar Narcotic Substances (Control) Act, 2023. The State opposed the bail on the ground of the seriousness of the offence. The Court examined the statutory provisions, noted the non‑compliance and the sub‑commercial quantity, and held that there is no embargo under Section 37 of the NDPS Act to deny bail. Accordingly, the Court granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, presence in court, and non‑tampering with evidence. The order also directed that verification of the petitioner’s antecedent should not delay the acceptance of the bail bond.
Issues considered
- Whether bail can be granted in an NDPS case where the seized narcotic quantity is less than commercial quantity and Section 50 of the NDPS Act has not been complied with
- Whether non‑compliance with Sections 103 and 105 of the BNSS, 2023 bars the grant of bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 — s. 20(b)(ii)(B), 37, 50, 8
Subjects
- bail
- NDPS Act
- narcotics possession
- commercial quantity
- Section 50 non‑compliance
- BNSS 2023
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90493 of 2025
Arising Out of PS. Case No.-43 Year-2025 Thana- KHAGARIA RAIL P.S. District- Khagaria
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Rajkumar S/O Ramjatan Yadav R/O Village- Ahok Ghat, Ward No. 12, P.S-
Sahebpur Kamal, Distt.- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar, Advocate
: Mr.Ranjeet Kumar Singh, Advocate
For the Opposite Party/s : Mr.Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 18-04-2026 Heard Mr. Jitendra Kumar, learned counsel for the
petitioner and Mr.Bhanu Pratap Singh, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
19.08.2025 in connection with NDPS Special Case No. 22 of
2025 arising out of Khagaria Rail P.S.Case No.43/2025, F.I.R.
dated 18.08.2025 registered for the offence punishable under
Sections 8,20(b)(ii)(B) of NDPS Act, 1985.
3. Recovery is of 08 Kg of Ganja.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. As per
allegation in the FIR, the petitioner was apprehended with 08
Kg of Ganja which was recovered from the bag of the petitioner.
Patna High Court CR. MISC. No.90493 of 2025(4) dt.18-04-2026
2/3
Learned counsel for the petitioner submits that although
recovery has been made from possession of the petitioner but
there is non-compliance of Section 50 of the NDPS Act and
apart from that, the recovered contraband is less than the
commercial quantity. Hence, there is no embargo under Section
37 of the N.D.P.S.Act for grant of bail to the petitioner and the
seizure list witnesses are police personnel so also there is non-
compliance of Sections 103 and 105 of the BNSS, 2023 and the
police, after investigation, submitted chargesheet against the
petitioner and the petitioner is in custody since 19.08.2025.
5. Learned A.P.P. for the State, on the other hand, has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts, petitioner has clean
antecedent, recovered contraband is less than the commercial
quantity, there is non-compliance of Section 50 of the NDPS Act
as well as there is non-compliance of Sections 103 and 105 of
the BNSS, 2023, let the petitioner, above named, be released on
bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with
two sureties of the like amount each to the satisfaction of
learned Special Judge (NDPS Act), Khagarai in connection with
NDPS Special Case No. 22 of 2025 arising out of Khagaria Rail
P.S.Case No.43/2025, with the following conditions:-
Patna High Court CR. MISC. No.90493 of 2025(4) dt.18-04-2026
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(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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