Patna High Court
Ravi Kumar @ Ravi Kumar JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
Bail is denied as there is no new ground and the offence involves contraband above commercial quantity with an embargo under the NDPS Act.
Summary
Ravi Kumar Jha was arrested in connection with a case under Section 61(2) of the Bharatiya Nyaya Sanhita, 2023, read with Sections 8 and 20(B)(ii)(c) of the NDPS Act, for possession of contraband exceeding commercial quantity and subject to an embargo under Section 37 of the NDPS Act. He has been in judicial custody since 13 July 2025 and this is his second application for regular bail after an earlier denial. The petitioner argued that he has been detained for a long period without any witness examination and has only one prior criminal antecedent. The State opposed bail, emphasizing the large quantity of narcotics and the statutory embargo. The Court found no new ground to revisit its earlier decision, held that the seriousness of the offence and the statutory provisions preclude bail, and consequently rejected the bail petition while directing the lower court to expedite the trial.
Issues considered
- Whether bail can be granted in an NDPS case where contraband exceeds commercial quantity and is under an embargo under Section 37.
- Whether prolonged pre‑trial detention without witness examination constitutes a sufficient ground for bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 61(2)
- Narcotic Drugs and Psychotropic Substances Act — s. 20(B)(ii)(c), 37, 8
Subjects
- bail
- NDPS Act
- contraband
- commercial quantity
- embargo
- pre‑trial detention
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37218 of 2026
Arising Out of PS. Case No.-217 Year-2025 Thana- BHAGWANPUR District- Begusarai
======================================================
Ravi Kumar @ Ravi Kumar Jha S/o Anil Kumar Jha Resident of Village -
Bihat Ibrahimpur Tola, P.S. - Barauni F.C.I., Dist. - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 03-07-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with
Bhagwanpur P.S. Case No. 217 of 2025, instituted for the
offences under Section 61(2) of the Bharatiya Nyaya Sanhita,
2023, read with Sections 8 and 20(B)(ii)(c) of the NDPS Act.
3. This is the second attempt of the petitioner for bail.
The petitioner has renewed his prayer for grant of regular bail
which was earlier rejected by this Court vide order dated
10.11.2025 passed in Cr. Misc. No. 74589 of 2025 taking into
consideration the facts and circumstances of the case and
recovery of contraband beyond commercial quantity coupled
with embargo under Section 37 of the NDPS Act.
Patna High Court CR. MISC. No.37218 of 2026(2) dt.03-07-2026
2/2
4. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 13.07.2025
without any rhymes or reason and has got one criminal
antecedent. It is further submitted that charge has already been
framed against the petitioner on 07.03.2026 but no any witness
has been examined in this case.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner and submits that the
recovered contraband is above commercial quantity.
6. There is no new 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 and conclude the same.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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