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Patna High Court

Rambhu Kumar YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court denied bail, holding that the commercial quantity of ganja recovered precludes the grant of bail under Section 37 of the NDPS Act.

Summary

The petitioner, Rambhu Kumar Yadav, was arrested on 7 February 2026 in connection with a case alleging possession of 39.07 kg of ganja, invoking Sections 20(b)(ii)(c), 27(a), 23(c), 25 and 29 of the NDPS Act. He applied for bail, claiming a clean antecedent and that the allegations were fabricated. The State opposed bail, emphasizing that the quantity recovered constitutes a commercial amount, triggering the stringent bail provisions of Section 37 of the NDPS Act. The court examined Supreme Court precedents on bail in commercial‑quantity NDPS cases, noting that bail can be granted only if there is reason to believe the accused is not guilty and will not re‑offend. Finding no material to support the petitioner's claim of innocence or that he would not commit a similar offence if released, the court refused the bail application.

Issues considered

  • Whether bail can be granted under Section 37 of the NDPS Act when the alleged quantity of narcotic is of commercial size.
  • Whether the petitioner has demonstrated that he is not guilty and would not commit a similar offence if released.

Legislation cited

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38301 of 2026
                    Arising Out of PS. Case No.-14 Year-2026 Thana- KANGLI District- West Champaran
                 ======================================================
                 Rambhu Kumar Yadav S/o- Lakshandeo Yadav R/o- Sonbarsa Bairiya Ps-
                 Pathraiya Dist-Parsa, Nepal

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    The Union of India through Narcotic New Delhi

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shiva Shankar Sharma, Advocate
                 For the Opposite Party/s :       Mr. Ram Sumiran Rai, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   22-06-2026                    Heard Mr. Shiva Shankar Sharma, learned counsel

                   for the petitioner and Mr. Ram Sumiran Rai, learned A.P.P. for

                   the State.

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

                   07.02.2026, in connection with Kangli P.S. Case No. 14 of

                   2026, FIR dated 07.02.2026 registered for the offence under

                   Sections 20(b)(ii)(c), 27(a), 23(c), 25, 29 of the NDPS Act.

                                  3. Recovery is of 39.07 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

                   any offence as alleged in the FIR and it is not clear from the FIR
Patna High Court CR. MISC. No.38301 of 2026(2) dt.22-06-2026
                                            2/3




          that from whom possession the alleged recovery of contraband

          has been made. The petitioner is in custody since 07.02.2026.

                          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 39.07 kg of Ganja has been recovered from the joint

          possession of the petitioner and co-accused persons and it

          appears from the FIR that huge quantity of Ganja was recovered

          which is more than commercial quantity 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

          case of Narcotic Control Bureau Vs. Mohit Aggarwal
            Patna High Court CR. MISC. No.38301 of 2026(2) dt.22-06-2026
                                                        3/3




                      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

                      possession of the petitioner and other co-accused persons 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 Kangli P.S. Case No. 14 of

                      2026 pending in the court of learned Excluisve special Judge

                      (N.D.P.S. Act), West Champaran, Bettiah.

                                   10. Prayer is refused.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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