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Patna High Court

Bitish KumarversusUnion of India through N.C.B., Patna.

Decided
Disposal
REJECTED

Holding

Bail was denied because the recovery of a commercial quantity of ganja and the corroborative evidence indicated the petitioner’s involvement, and Section 37 of the NDPS Act requires a belief of innocence before bail can be granted.

Summary

The petitioner, Bitish Kumar, was arrested on 9 March 2024 in connection with the recovery of 243 kg of ganja seized from a vehicle linked to a drug trafficking gang. He claimed he was falsely implicated, arguing that no narcotics were found in the Marazzo car from which he was arrested and that the FIR was fabricated. The prosecution presented evidence including a voluntary statement by the petitioner identifying a supplier, a positive chemical test on the seized drug, and financial records showing transfers of Rs 6,43,500 to the supplier, indicating his active participation in an inter‑state drug network. The court examined the applicability of Section 37 of the NDPS Act, which restricts bail when commercial quantities of narcotics are involved and the accused is likely to re‑offend. Citing Supreme Court precedents, the judge held that the magnitude of the seizure and the corroborative evidence negated any reasonable doubt of the petitioner’s guilt. Consequently, the bail petition was rejected.

Issues considered

  • Whether bail can be granted under Section 37 of the NDPS Act when the accused is linked to a commercial quantity of narcotics.
  • Whether the evidence presented establishes a prima facie case that the petitioner was involved in drug trafficking.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • commercial quantity
  • drug trafficking
  • Section 37
  • Narcotic Control Bureau
  • seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.46931 of 2025
                   Arising Out of PS. Case No.-4 Year-2024 Thana- N.C.B (GOVERNMENT OFFICIAL)
                                                   District- Bhagalpur
                 ======================================================
                 Bitish Kumar S/O Late Nagdeo Ray R/O Village- Burra, P.S- Athmalgola,
                 Distt.- Patna.

                                                                             ... ... Petitioner/s
                                                    Versus
                 Union of India through N.C.B., Patna. Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Ms.Soni Kumari, Advocate
                 For the Opposite Party/s :    Mr.Dr.K.N.Singh (A.S.G.)
                                           :   Ms. Shail Kumari, C.G.C.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

4   16-03-2026                    Heard Ms. Soni Kumari, learned counsel for the

                   petitioners and Ms. Shail Kumari,                      learned Central

                   Government Counsel for the Union of India.

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

                   09.03.2024 in connection with N.D.P.S. Case No.28 of 2024,

                   arising out of N.C.B. Case No. 04 of 2024, registered for the

                   offence punishable under Sections 20(B)(II) (C), 25 & 29 of

                   N.D.P.S. Act read with Section 8(C) of NDPS Act.

                                3. Recovery is of 243 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
Patna High Court CR. MISC. No.46931 of 2025(4) dt.16-03-2026
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          FIR is false and fabricated and the petitioner has not

          committed any offence as alleged in the FIR. Learned counsel

          for the petitioner next submits that the petitioner has not been

          found or caught in the truck from which 240 Kg. Ganja in 24

          packets was recovered. In fact the petitioner was arrested

          from a Marazzo Car which was running behind the truck and

          nothing incriminating article was recovered from the Car in

          question and the petitioner has been made accused in the

          present case merely on the basis of suspicion.

                       5. Ms. Shail Kumari, learned Central Government

          Counsel for the Union of India has vehemently opposed the

          prayer for bail of the petitioner and submits that one person,

          namely, Bittu Kumar Singh was apprehended and he has

          disclosed that the receiver of the seized Ganja would come to

          Naugachia, Bhagalpur from Patna by Mahindra Marazzo SUV

          bearing Registration No. BR-01PK-9506. In further follow up

          action, the said vehicle in question along with four persons

          were intercepted by a team of NCB, Patna near Bhawanipur

          Police Station. Five persons including the said Bittu Kumar

          Singh were examined u/s 67 of the NDPS Act. During

          voluntary       statement,       accused,       namely,   Bitish   Kumar

          (petitioner) disclosed that Dibakar Guha of West Tripura was
Patna High Court CR. MISC. No.46931 of 2025(4) dt.16-03-2026
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          a supplier of the seized Ganja. On the basis of the recovery,

          voluntary statement and involvement in trafficking of seized

          Ganja the petitioner and other accused persons were placed

          under arrest. The chemical examination report was received

          from CRCL, Kolkata on 01.04.2024 vide Lab No. 3092/SZD

          (N) dated 11.03.2024 in which it is mentioned that the sample

          under reference answer positive test for Ganja. Dibakar Guha

          tendered his voluntary statement, he admitted that he had

          supplied 243 Kgs of Ganja to the accused Bitish Kumar

          (petitioner).

                       6. Learned counsel for the NCB further submits that

          financial investigation revealed multiple bank transactions

          totaling amounting Rs. 6,43,500/- (Six Lakh Forty Three

          Thousand and Five Hundred Rupees only) from the account

          of Bitish Kumar (petitioner) and Sanjay Ray to the supplier

          namely, Dibakar Guha. Call Details Records and WhatsApp

          call logs show that the petitioner was in regular contact with

          the co-accused and the supplier. It appears from the aforesaid,

          petitioner has actively linked with an inter-State Drug

          trafficking gang and apart from aforesaid, the recovered

          contraband is more than the commercial quantity which is 12

          times of the commercial quantity.
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                       7. 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.

                       8. 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

          judgment in the case of Union of India Vs. Ajay Kumar

          Singh @ Pappu, reported in 2023 SCC OnLine SC 346.

                       9. The recovery of huge quantity of Ganja from

          possession 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.

                       10. Hence, I am not inclined to enlarge the

          petitioner on bail in connection with N.D.P.S. Case No.28 of

          2024, arising out of N.C.B. Case No. 04 of 2024, pending in
               Patna High Court CR. MISC. No.46931 of 2025(4) dt.16-03-2026
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                         the court of learned District & Additional Sessions Judge- 1 st ,

                         Bhagalpur.

                                      11. Prayer is refused.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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