Patna High Court
Bhullu Ray @ Ram Kripal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
In the absence of any material directly implicating the petitioner and with no narcotic article recovered from his possession, the bar under Section 37 of the NDPS Act does not apply, warranting the grant of bail.
Summary
The petitioner, Bhullu Ray @ Ram Kripal Kumar, was implicated in a narcotics case where large quantities of ganja were seized from co-accused Sanjay Rai, Manjay Rai, Pankaj Rai and Raju Kumar. The co-accused, during interrogation, named the petitioner as an accomplice, but no narcotic article was recovered from his possession and no direct evidence linked him to the seizure. The petitioner pleaded innocence, highlighted his clean record and argued that Section 37 of the NDPS Act, which bars bail for commercial quantity offences, should not apply as there is no material against him. The State opposed bail, contending that the commercial quantity recovered invoked the Section 37 bar. The High Court examined the record, found no incriminating material against the petitioner, and concluded that the bar does not apply, granting regular bail with monetary and personal surety conditions. The bail order was conditioned on the petitioner’s physical presence in court and the possibility of cancellation if future involvement is discovered.
Issues considered
- Whether the bar under Section 37 of the NDPS Act applies to the petitioner despite the absence of direct material linking him to the narcotics seized.
- Whether confessional statements of co-accused constitute sufficient ground to deny bail to the petitioner.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 22(c), 27(A), 37
Subjects
- bail
- NDPS Act
- Section 37
- commercial quantity
- confessional statement
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30919 of 2026
Arising Out of PS. Case No.-142 Year-2020 Thana- ATHMALGOLA District- Patna
======================================================
Bhullu Ray @ Ram Kripal Kumar S/o- Sitaram Rai R/V- Kaladigara PS-
Salimpur Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Priyanka Singh, Advocate
For the Opposite Party/s : Mr. Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 24-06-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Athmalgola P.S. Case
No. 142 of 2020 registered for the offences punishable under
Sections 22(c)/27(A) of the Narcotic Drugs and Psychotropic
Substance Act.
3. As per the prosecution case, police raided the house
of co-accused Sanjay Rai and Manjay Rai and recovered 30.46
kg of ganja from the house of co-accused Manjay Rai as well as
25.590 kg of ganja from the house of co-accused Sanjay Rai.
Patna High Court CR. MISC. No.30919 of 2026(3) dt.24-06-2026
2/4
Upon further disclosure, the police searched nearby vehicle and
apprehended co-accused Pankaj Rai and Raju kumar along with
133.510 kg of ganja. It has been further alleged that during
interrogation from the apprehended co-accused person Pankaj
Rai and Raju Kumar, they disclosed the name of the petitioner
as their accomplice in the smuggling of the said ganja.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. It has further been submitted that no recovery
whatsoever has been made pursuant to the confessional
statement of co-accused. It has also been submitted that there is
no material on record which goes to show the complicity of the
petitioner. It has further been submitted that no incriminating
article has been recovered from the conscious possession of the
petitioner rather the entire recoveries have been made from co-
accused Sanjay Rai, Pankaj Rai and Raju Kumar. It has also
been submitted at bar that the charge sheet has been submitted
against the petitioner and there is no allegation of tempering
with the evidence against him. It has further been submitted by
learned counsel for the petitioner that bar under Section 37 of
the N.D.P.S. Act would not be applicable against this petitioner
as there is no material against the petitioner except the
Patna High Court CR. MISC. No.30919 of 2026(3) dt.24-06-2026
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confessional statement of co-accused without any recovery of
incriminating article from the possession of the petitioner.
Lastly, it has been submitted that the petitioner has got no
criminal antecedent and he is in judicial custody since
09.03.2026
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner and submitted that the
amount recovered is commercial quantity and hence the bar
under Section 37 of the N.D.P.S. would be applicable against the
petitioner.
6. Heard the parties and perused the record.
7. Considering the facts and circumstances of the case
and the nature of the material against the petitioner, let the
petitioner above-named, be enlarged on bail on furnishing bail-
bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of learned Court
concerned, Patna, in connection with Athmalgola P.S. Case No.
142 of 2020, with condition(s):-
(i) the petitioner is directed to
remain physically present before the learned
Court below on each and every date and
failure on two consecutive dates without
reasonable cause, the Court below would be
at liberty to cancel the bail bonds of
petitioner.
Patna High Court CR. MISC. No.30919 of 2026(3) dt.24-06-2026
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(ii) If the petitioner’s involvement
is found in any nature of offence in future,
the prosecution will be at liberty to move for
cancellation of his bail bonds.
(iii) one of the bailors shall be
close relative of the petitioner.
8. The application stands allowed.
(Praveen Kumar, J)
Sahil/-
U T
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