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Patna High Court

Ashutosh KumarversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

Bail was denied because the court was not convinced that the petitioner was not guilty nor that he would not commit a similar offence if released.

Summary

Ashutosh Kumar was arrested on 17‑10‑2025 in connection with a case involving the recovery of 89.742 kg of ganja, alleged to be in violation of Sections 20(B)(ii)(c) and 29 of the NDPS Act. The petitioner claimed innocence, arguing that the narcotics were recovered from a scrap shop linked to another accused, Zakir Khan, and that his earlier disclosure in a separate case led to the present seizure. The State of Bihar and the Union of India opposed bail, citing a prior similar offence and the commercial quantity of the drug, invoking Section 37 of the NDPS Act which restricts bail in such cases. The court referred to Supreme Court precedents that require a belief that the accused is not guilty and will not reoffend before granting bail. Concluding that the petitioner’s claim did not overcome the statutory presumption, the court refused bail.

Issues considered

  • Whether bail can be granted under Section 37 of the NDPS Act when the alleged offence involves a commercial quantity of narcotic and the accused has a prior similar conviction.
  • Whether the petitioner’s assertion of innocence and lack of knowledge of the narcotics is sufficient to merit bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • commercial quantity
  • prior conviction
  • Section 37
  • narcotics
  • drug trafficking

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26268 of 2026
                   Arising Out of PS. Case No.-196 Year-2025 Thana- RAXAUL District- East Champaran
                 ======================================================
                 Ashutosh Kumar S/o Navin Kumar Thakur R/o - Harishankar Maniyari P.S -
                 Maniyari District - Muzaffarpur

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Union of India

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shiva Shankar Sharma, Advocate
                 For the Opposite Party/s :       Mr. Surendra Prasad Singh, APP
                 For the UOI              :       Mr. Arvind Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   20-04-2026                    Heard Mr. Shiva Shankar Sharma, learned counsel

                   for the petitioner, Mr. Arvind Kumar, learned counsel for the

                   Union of India and Mr. Surendra Prasad Singh, learned APP for

                   the State.

                                2. Petitioner seeks bail who is in custody since

                   17.10.2025 in connection with Raxaul P.S. Case No. 196 of

                   2025 for the offences punishable under Sections 20(B) (ii) (c)

                   and 29 of the N.D.P.S. Act, 1985.

                                3. Recovery is of 89.742 kg of Ganja.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the

                   present case. He further submits that as per the allegation in the

                   F.I.R. altogether 89.742 kg of Ganja has been recovered from
Patna High Court CR. MISC. No.26268 of 2026(2) dt.20-04-2026
                                            2/3




          the scrap shop of one Zakir Khan. He further submits that the

          petitioner was arrested in Harpur P.S. Case No. 60 of 2025 in

          which 78.900 kg of Ganja has been recovered and on the basis

          of the disclosure made by the petitioner in Harpur P.S. Case No.

          60 of 2025 the recovery in the present case has been made.

                      5. Learned counsel for the Union of India as well as

          learned Additional Public Prosecutor on the other hand

          vehemently opposed the prayer for bail of the petitioner on the

          ground that the petitioner carries one criminal antecedent of

          similar nature other than the present one. He further submits that

          the recovered contraband is more than the commercial quantity,

          so there is embargo under Section 37 of the N.D.P.S. Act.

                      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
            Patna High Court CR. MISC. No.26268 of 2026(2) dt.20-04-2026
                                                        3/3




                      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

                      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 circumstances, I

                      am not inclined to enlarge the petitioner on bail in connection

                      with Raxaul P.S. Case No. 196 of 2025 pending in the Court of

                      learned Exclusive Special Judge Court No.II, NDPS East

                      Champaran, Motihari.

                                   10. Prayer is refused.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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