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Patna High Court

Bittu KumarversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The court held that bail could not be granted as the recovery of a commercial quantity of ganja from the vehicle indicated probable involvement and risk of reoffending, leading to the refusal of the bail petition.

Summary

Bittu Kumar was arrested on 25 July 2025 in connection with a case involving the recovery of 75 kg of ganja from a vehicle he was driving. He sought bail, claiming a clean antecedent and that the FIR was fabricated, asserting he had no possession or knowledge of the narcotics. The State opposed bail, citing the commercial quantity of the drug and invoking Section 37 of the NDPS Act, which restricts bail in such cases. The court referred to Supreme Court precedents emphasizing the need for a belief that the accused is not involved and would not reoffend if released. Considering the large quantity recovered and the lack of evidence exonerating the petitioner, the court refused bail.

Issues considered

  • Whether bail can be granted under Section 37 of the NDPS Act when a commercial quantity of narcotic is recovered from a vehicle driven by the accused.
  • Whether the petitioner’s claim of no knowledge or possession of the narcotics is sufficient to overcome the presumption of involvement.
  • Whether the FIR allegations can be deemed false or fabricated to the extent of denying bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • commercial quantity
  • Section 37
  • narcotics
  • presumption of guilt
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24145 of 2026
                      Arising Out of PS. Case No.-108 Year-2025 Thana- ASARGANJ District- Munger
                 ======================================================
                 Bittu Kumar S/O Damodar Ram R/O Village- Bind Toli, P.S- Sahebpur
                 Kamal, Distt.- Begusarai.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    The Union of India thrugh Junior Intelligence officer, Narcotics Control
                 Bureau, Patna Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Raj Kumar Choudhary, Advocate
                 For the Opposite Party/s :       Mr. Arun Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   15-04-2026                     Heard Mr. Raj Kumar Choudhary, learned counsel

                   for the petitioner and learned Mr. Arun Kumar Singh, A.P.P. for

                   the State.

                                   2. The petitioner seeks bail, who is in custody since

                   25.07.2025, in connection with Asarganj P.S. Case No. 108 of

                   2025, FIR dated 24.07.2025 registered for the offence under

                   Sections 111(2), 111(3) and 20(b)(II), 25 of the NDPS Act.

                                  3. Recovery is of 75 kg of Ganja.

                                  4. Learned counsel for the petitioner submits that the

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. The allegation as alleged in the

                   FIR is false and fabricated and the petitioner has not committed
Patna High Court CR. MISC. No.24145 of 2026(2) dt.15-04-2026
                                            2/3




          any offence as alleged in the FIR. It appears from the FIR that

          nothing has been recovered from conscious possession of the

          petitioner rather the recovery has been made from the vehicle in

          question.

                          5. Learned APP for the State, on the other hand, on

          the basis of the material available on the record, has vehemently

          opposed the prayer for bail of the petitioner and submits that

          altogether 75 kg of Ganja has been recovered from the vehicle

          in question which was driven by the petitioner and it appears

          from the FIR that huge quantity of Ganja was recovered so there

          is embargo under Section 37 of the NDPS Act to grant privilege

          of bail to the petitioner.

                         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

          Substances Act, 1985, Section 37 which says that before grant

          of bail, the Court must have reason to believe that the petitioner

          has 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 & Ors, reported in 2020(12) SCC 122 as well as in the
            Patna High Court CR. MISC. No.24145 of 2026(2) dt.15-04-2026
                                                        3/3




                      case of Narcotic Control Bureau Vs. Mohit Aggarwal

                      reported in AIR 2022 SC 3444 and recently decided the

                      judgment in the case of Union of India Vs. Ajay Kumar Singh

                      @ Pappu, reported in 2023 SCC OnLine SC 346.

                                     8. The recovery of huge quantity of Ganja from

                      from the vehicle in question which was driven by the petitioner

                      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 aforesaid facts and nature of

                      allegation against the petitioner, I am not inclined to enlarge the

                      petitioner on bail in connection with Asarganj P.S. Case No. 108

                      of 2025, pending in the court of learned Sessions Judge,

                      Munger.

                                   10. Prayer is refused.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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