Patna High Court

Vikash GosaiversusThe State of Bihar

Decided: 13 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

Bail was granted to the petitioner subject to bond and surety conditions.

Summary

The petitioner, Vikash Gosai, was arrested in connection with a case alleging possession of 4.9 kg of ganja, alleged offences under Sections 20 and 22 of the NDPS Act. He claimed innocence, stating that the contraband was not in his conscious possession and that his arrest was based merely on suspicion. The defence argued that the quantity recovered was below the commercial threshold, making Section 37 inapplicable, and that the statutory requirements of Sections 42 and 50 of the NDPS Act were not complied with. The State opposed bail, but the Court considered the low quantity, the petitioner’s lack of prior criminal record, and the extended pre‑trial custody. Consequently, the Court granted bail on condition of a bond of Rs.15,000 with two sureties and specific compliance conditions.

Issues considered

Whether bail should be granted to the accused under the NDPS Act when the seized quantity is below commercial quantity
Whether the provisions of Section 37 of the NDPS Act are applicable in this case
Whether the procedural requirements of Sections 42 and 50 of the NDPS Act have been complied with

Legislation cited

Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20, 22, 37, 42, 50

Subjects

bail
NDPS Act
commercial quantity
Section 37
Section 42
Section 50
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90665 of 2025
                   Arising Out of PS. Case No.-107 Year-2025 Thana- MADHWAPUR District- Madhubani
                 ======================================================
                 Vikash Gosai Son of Chandeshwar Gosai R/O Village- Saharghat, P.S.-
                 Saharghat, District-Madhubani.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ranjit Kumar Thakur, Advocate
                 For the Opposite Party/s :      Mr. Nirmal Kumar Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with

                   Madhwapur P.S. Case No. 107 of 2025, instituted for the

                   offences punishable under Sections 20 and 22 of the NDPS Act.

                               3. Prosecution allegation, in short, is that there is

                   recovery of 4.9 Kg of Ganja from the possession of the

                   petitioner.

                               4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. Charge-sheet has been submitted in this case. No

                   incriminating material has been recovered from the conscious

                   possession of the petitioner. Learned counsel for the petitioner
Patna High Court CR. MISC. No.90665 of 2025(2) dt.13-01-2026
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          also submits that the petitioner has got no concern with the

          alleged recovery of Ganja. It is further submitted that the

          petitioner was arrested only on the basis of suspicion. The

          recovered contraband is below the commercial quantity. Hence,

          Section 37 of the N.D.P.S. Act is not applicable in the present

          case. The petitioner is in custody since 05.08.2025 and has got

          no criminal antecedent. 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 petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case, the recovered contraband being below the

          commercial quantity and the period of custody undergone by the

          petitioner, this Court is inclined to grant bail to the petitioner.

                       7. Let the petitioner be released on bail on furnishing

          bail bonds of Rs.15,000/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Madhwapur P.S.

          Case No. 107 of 2025, subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                       (II) The petitioner shall appear on each and every date
             Patna High Court CR. MISC. No.90665 of 2025(2) dt.13-01-2026
                                                         3/3




                       fixed at the trial. In case of default in such appearance on two

                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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