Patna High Court
RajeshversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The bail petition was dismissed, as the statutory bar under Section 37 and the excess contraband quantity preclude the grant of bail.
Summary
The petitioner, Rajesh, was arrested in connection with offences under Sections 20(b)(i)(c), 22(c), 23(c) and 29(i) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. He has been in judicial custody since 6 March 2025 and seeks bail, arguing that continued detention violates his Article 21 right to personal liberty. The State opposed bail, contending that the quantity of contraband recovered exceeds the commercial limit and that Section 37 of the NDPS Act bars bail in such cases. The court noted that no fresh ground was raised to revisit the earlier bail denial. Consequently, the bail petition was rejected and the trial was directed to be expedited.
Issues considered
- Whether bail can be granted when the quantity of contraband exceeds the commercial quantity under the NDPS Act.
- Whether Section 37 of the NDPS Act bars the grant of bail in the present case.
- Whether continued judicial custody of the petitioner violates the fundamental right guaranteed under Article 21 of the Constitution.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(i)(c), 22(c), 23(c), 29(i), 37
Subjects
- bail
- NDPS Act
- contraband
- commercial quantity
- Section 37
- Article 21
- judicial custody
- fundamental rights
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14796 of 2026
Arising Out of PS. Case No.-42 Year-2025 Thana- MOHAMMADPUR District- Gopalganj
======================================================
Rajesh S/o Vijay Singh R/o vill - S.A.S. Nagar Mohali, P.S.- Phase 11
(Gyarah Lane), Distt.- Mohali, Punjab
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhav Kumar, Advocate
For the Opposite Party/s : Mr. Anand Kishore Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Mohammadpur P.S. Case No. 42 of 2025 instituted for the
offences under Sections 20(b)(i)(c), 22(c), 23(c), 29(i) of the
N.D.P.S. Act.
3. Earlier vide order dated 29.07.2025 passed in Cr.
Misc. No. 46217 of 2025 regular bail of the petitioner was
rejected by this Court considering the recovery of contraband
beyond the commercial quantity.
4. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 06.03.2025
without any rhymes or reason. Learned counsel further
Patna High Court CR. MISC. No.14796 of 2026(2) dt.25-02-2026
2/2
submitted that charges have already been framed against the
petitioner on 14.11.2025 and the judicial custody of the
petitioner during the trial would violate the fundamental right
guaranteed under Article 21 of the Constitution.
5. Learned APP for the State opposes the prayer for
grant of bail stating that the recovery of the contraband is above
the commercial quantity and there is bar under Section 37 of the
NPDS Act.
6. There is no fresh ground to consider the bail petition
of the petitioner.
7. In view of the above, the prayer for bail of the
petitioner is again rejected with a direction to the court below to
expedite the trial.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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