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Patna High Court

Jai Bhagwan Prasad @ Bhagwan BabuversusThe Union of India through Narcotic Control Bureau, Patna

Decided
Disposal
DISMISSED

Holding

The court refused bail, holding that the petitioner’s alleged involvement and the commercial quantity of seized narcotics do not satisfy the criteria for bail under Section 37 of the NDPS Act.

Summary

The petitioner, Jai Bhagwan Prasad, was arrested on 30 October 2025 in connection with a Special NDPS case involving the alleged transport of a large quantity of ganja. The prosecution alleged that the truck, which stopped near a petrol pump in Bhagalpur, contained 1,115 kg of ganja and that the petitioner owned the Raja Bhatta where the narcotics were unloaded. The petitioner contended that his implication was based solely on confessional statements of co‑accused recorded under Section 67 of the NDPS Act and that no other material linked him to the offence. The Union of India opposed bail, emphasizing three Section 37 notices served on the petitioner, the commercial quantity of the seized narcotics, and the Supreme Court precedents that restrict bail in such cases. The court examined the criteria under Section 37 of the NDPS Act, requiring belief that the accused is not guilty and would not re‑offend if released. Relying on the cited Supreme Court judgments, the court found insufficient reason to believe the petitioner was uninvolved or unlikely to commit a similar offence. Consequently, the bail petition was dismissed.

Issues considered

  • Whether bail can be granted to the petitioner under Section 37 of the NDPS Act given the recovery of a commercial quantity of narcotics.
  • Whether the confessional statements of co‑accused constitute sufficient basis for the petitioner’s implication.
  • Whether the petitioner’s ownership of the Raja Bhatta establishes a prima facie case against him.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • commercial quantity
  • confessional statement
  • Section 37
  • narcotics
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14226 of 2026
                   Arising Out of PS. Case No.-17 Year-2018 Thana- N.C.B (GOVERNMENT OFFICIAL)
                                                       District- Patna
                 ======================================================
                 Jai Bhagwan Prasad @ Bhagwan Babu S/o Satya Narayan Singh R/o Village -
                 Maujipur, Fatuha, P.S. - Nadi, District - Patna

                                                                              ... ... Petitioner/s
                                                   Versus
                 The Union of India through Narcotic Control Bureau, Patna Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Shashank Shankar, Advocate
                                          :     Mr. Deepak Kumar, Advocate
                 For the Opposite Party/s :     Dr. K.N. Singh (Asg)
                 For the UOI              :     Ms. Shail Kumari, CGC
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

5   19-06-2026                    Heard Mr. Shashank Shankar, learned counsel for the

                   petitioner and Ms. Shail Kumari learned CGC for the Union of

                   India.

                                2. Petitioner seeks bail who is in custody since

                   30.10.2025 in connection with Special (NDPS Act) Case No.

                   26(A) of 2018 arising out of NCB/PZU/V/17/2018 for the

                   offences punishable under Sections 20(b)(ii)(c) of NDPS Act.

                                3. That the prosecution case, in short is that one Rahul

                   Kumar Purbey, Intelligence Officer, NCB, Patna Zonal Unit,

                   gave a complaint petition before learned Sessions Judge, Patna

                   that he is said to have received a secret information that a truck

                   bearing Reg. No.- NL-01K-6955 will reach near Indian Oil

                   Petrol Pump, Bihpur, Bhagalpur between 02:00-03:00 hours on
Patna High Court CR. MISC. No.14226 of 2026(5) dt.19-06-2026
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          29.03.2018 carrying huge quantity of Gaanja. After completing

          formalities, raiding team was constituted and they reached near

          by Indian Oil Petrol Pump, Bihpur, District - Bhagalpur at about

          02:30 hours on 29.03.2018 and found the aforesaid Truck

          standing near by petrol pump. It is said that NCB team found 3

          persons in the said truck who disclose their names as Viplab Das

          Gupta, Aashish Rai and Pradip Jadab and further disclose that

          the truck is loaded coal which would be unloaded at Raja

          Bhatta, opposite of Shanti Niketan Girl School, Maujipur,

          Fatuna and they requested to search once the coal would be

          unloaded from the truck. Thereafter the aforesaid truck along

          with NCB team reached Nadi police station and two

          independent witnesses were requested to remain present in

          course of search. Thereafter, all reached at Raja Bhatta where

          Pradip Jadab talked with Nasib Lal Rai, Bhatta staff regarding

          unloading the coal who in turn talk with owner of the Raja

          Bhatta over telephone regarding coal and thereafter Nasib Lal

          Rai refuse to get the coal unloaded. Them the whole team

          returned back at Nadi police station where in the complainant

          issued notice under Section-50 of the NDPS Act to all the three

          accused persons who were on the truck for conducting search on

          which they opted to be search before NCB Team.
Patna High Court CR. MISC. No.14226 of 2026(5) dt.19-06-2026
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                      4. Learned counsel for the petitioner submits that

          petitioner has falsely been implicated in the present case on the

          basis of confessional statement of co-accused person, namely,

          Viplab Das Gupta and Pradip Jadab which was recorded under

          Section 67 of the NDPS Act. Learned counsel for the petitioner

          next submits that except the aforesaid nothing has come during

          the investigation to suggest the involvement of the petitioner

          with the present occurrence and no case is made out under the

          NDPS Act.

                      5. Learned counsel for the Union of India, on the other

          hand, on the basis of materials available on record and case

          diary as well as counter-affidavit has vehemently opposed the

          prayer for bail of the petitioner and submits that NCB has issued

          three notices under Section 37 of the NDPS Act to the petitioner,

          who is owner of the Raja Bhatta on 18.05.2018, 08.06.2018 and

          17.08.2018 respectively but each time the notice got returned

          with remark “recipient refused to take”. Apart from aforesaid,

          under Sections 82 and 83 of the Cr.P.C., process has been issued

          against the petitioner who had neither appeared before the

          Hon’ble Court nor before the Investigating Agency for

          examination. Apart from aforesaid, the total recovery of

          contraband ganja was 1115 kgs from the truck in question and
Patna High Court CR. MISC. No.14226 of 2026(5) dt.19-06-2026
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          the recovery was made in the Raja Bhatta and petitioner is the

          owner of the Raja Bhatta and recovered contraband is more than

          the commercial quantity so there is embargo of Section 37 of the

          NDPS Act to enlarge the petitioner on bail. Apart from that the

          regular bail petition of the co-accused person, namely, Pradeep

          Yadav has been rejected vide order dated 27.04.2022 passed in

          Cr. Misc. No. 76232 of 2019 by this Court.

                      6. The grant of bail in NDPS cases where the recovery

          of commercial quantity of narcotic is alleged is circumscribed

          under Narcotic Drugs and Psychotropic Substance Act, 1985,

          Section 37 which says that before grant of bail, the Court must

          have reason to believe that petitioners have not committed the

          offence and in the event of release he would not commit similar

          offence.

                       7. The issue was considered by the Hon’ble Supreme

          Court in the case of State of Kerala and Ors. Vs. Rajesh and

          Ors. reported in (2020) 12 SCC, 122 as well as in the case of

          Narcotic Control Bureau Vs. Mohit Aggarwal reported in

          AIR 2022 SC 3444 and Union of India vs. Ajay Kumar Singh

          @ Pappu reported in 2023 SCC OnLine SC 3456 dated

          28.03.2023.

                      8. The recovery of huge quantity of Ganja recovered
           Patna High Court CR. MISC. No.14226 of 2026(5) dt.19-06-2026
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                     would not justify that the petitioner had no knowledge of the

                     narcotic nor there is any material to substantiate that the

                     petitioner would not commit such offence in the event of

                     release.

                                  9. Considering the facts and circumstances of the

                     case, I am not inclined to enlarge the petitioner on bail in

                     connection with Special (NDPS Act) Case No. 26(A) of 2018

                     arising out of NCB/PZU/V/17/2018 pending in the court of

                     learned Exclusive Special Judge (NDPS Act), Court No. 1,

                     Patna.

                                  10. Prayer is refused.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T


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