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Patna High Court

Dharmendra PrasadversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Bail was denied as the court was not convinced of the petitioner's innocence or that he would not reoffend, given the large quantity of ganja recovered.

Summary

Dharmendra Prasad was arrested on 5 April 2026 in connection with a case alleging offences under Sections 8(c) and 20(b)(ii)(c) of the NDPS Act, after 39.937 kg of ganja was recovered from his residence. The petitioner pleaded that he has a clean record, was falsely implicated, and that the investigation failed to comply with mandatory provisions of the NDPS Act, seeking bail. The State opposed bail, arguing that the large commercial quantity of narcotics triggers the embargo provision under Section 37 of the NDPS Act, and that there is no reason to believe the petitioner is not guilty or would not reoffend. The court examined Supreme Court precedents on bail in NDPS cases and held that the recovery of such a huge quantity does not establish the petitioner’s innocence nor assure non‑reoffending. Consequently, the court refused the bail prayer, dismissing the petition.

Issues considered

  • Whether bail can be granted under Section 37 of the NDPS Act when a commercial quantity of narcotic is recovered.
  • Whether the petitioner can demonstrate that he is not guilty and would not commit a similar offence if released.
  • Whether alleged procedural non‑compliance with the NDPS Act can justify bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • Section 37
  • commercial quantity
  • narcotics seizure
  • false implication
  • procedural compliance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38680 of 2026
                     Arising Out of PS. Case No.-175 Year-2026 Thana- BATHNAHA District- Sitamarhi
                 ======================================================
                 Dharmendra Prasad Son of Madan Sah Resident of Village- Kishanpur, Ward
                 No. 11, P.S.- Bathnaha, District- Sitamarhi.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

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

2   22-06-2026                      Heard Mr. Birendra Kumar, learned counsel for the

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

                   State.

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

                   05.04.2026, in connection with Bathnaha P.S. Case No. 175 of

                   2026, FIR dated 05.04.2026 registered for the offence under

                   Sections 8(c),20(b)(ii)(c) of the NDPS Act.

                                  3. Recovery is of 39.937 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. He further submits that

                   although the recovery has been made from the house of the
Patna High Court CR. MISC. No.38680 of 2026(2) dt.22-06-2026
                                            2/3




          petitioner but there is non-compliance of mandatory provisions

          of N.D.P.S Act. The petitioner is in custody since 05.04.2026.

                          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 39.837 kg of Ganja has been recovered from the

          house of the petitioner and he was apprehended from the place

          of occurrence 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

          case of Narcotic Control Bureau Vs. Mohit Aggarwal

          reported in AIR 2022 SC 3444 and recently decided the
            Patna High Court CR. MISC. No.38680 of 2026(2) dt.22-06-2026
                                                        3/3




                      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 the

                      house of 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 Bathnaha P.S. Case No.

                      175 of 2026, pending in the court of learned Sessions Judge-

                      cum-Special Judge, NDPS Act, Sitamarhi.

                                   10. Prayer is refused.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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