Patna High Court
Jai Bhagwan Prasad @ Bhagwan BabuversusThe Union of India through Narcotic Control Bureau, Patna
- Decided
- Disposal
- DISMISSED
- Bench
- RAJESH KUMAR VERMA
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
- Criminal Procedure Code (Cr.P.C.) — s. 82, 83
- Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 — s. 20(b)(ii)(c), 37, 50, 67
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
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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.
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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
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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
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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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