Patna High Court
Babulal Kumar @ Babulal Mahto @ Babulal MahatoversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The bail petition was dismissed as no fresh ground was shown and the seriousness of the NDPS offences warranted continued custody.
Summary
The petitioner, Babulal Kumar, was arrested in May 2024 on charges under Sections 20(b)(II) C and 23(C) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for possession of contraband exceeding commercial quantity. He applied for bail, but the Patna High Court had earlier rejected regular bail on 24 September 2025, citing the large quantity of narcotics recovered. The petitioner argued that he had been in judicial custody since 5 May 2024 without sufficient justification. The State opposed the bail application, maintaining that no new grounds were presented. The Court found that the bail petition lacked fresh material and therefore upheld the earlier rejection. It directed the lower court to complete the trial within five months and allowed the petitioner to renew his bail application if the trial is not concluded within that period.
Issues considered
- Whether bail should be granted to a person accused under Sections 20(b)(II) C and 23(C) of the NDPS Act when contraband exceeds commercial quantity
- Whether the petitioner has raised any fresh ground for bail after the earlier rejection
- Whether the delay in trial warrants a different bail consideration
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(II) C, 23(C)
Subjects
- NDPS Act
- bail
- contraband
- commercial quantity
- trial delay
- expedited trial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40427 of 2026
Arising Out of PS. Case No.-150 Year-2024 Thana- ADAPUR District- East Champaran
======================================================
Babulal Kumar @ Babulal Mahto @ Babulal Mahato S/o Hargan Mahto R/o
Village - Nautam, P.s. - Sangrampur, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar, Advocate
For the Opposite Party/s : Mr.Harendra Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-06-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with NDPS
No. 60 of 2024 / CIS No. 60 of 2024, arising out Adapur P.S.
Case No. 150 of 2024 instituted for the offences under Sections
20(b)(II) C and 23(C) of the NDPS Act.
3. Earlier vide order dated 24.09.2025 passed in Cr.
Misc. No. 68653 of 2025, regular bail of the petitioner was
rejected by this Court considering the recovery of contraband
beyond commercial quantity.
4. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 05.05.2024
without any rhymes or reason.
5. Learned APP for the State opposes the prayer for
Patna High Court CR. MISC. No.40427 of 2026(2) dt.19-06-2026
2/2
grant of bail.
6. There is no fresh 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 expeditiously
preferably within a period of five months from today. If the trial
is not concluded within the period of five months, as stated
above, the petitioner will be at liberty to renew his prayer before
the court below.
(Rudra Prakash Mishra, J)
manish/-
U T
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