Patna High Court
Pappu BhagatversusThe State of BIhar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The Court held that the bar under Section 37 of the NDPS Act applies, and therefore bail cannot be granted.
Summary
The petitioners, Pappu Bhagat and Rupesh Kumar, were arrested in connection with an NDPS case where police recovered large quantities of ganja from two vehicles. They contended that they were merely passengers unaware of the contraband and that mandatory procedures under Sections 42 and 50 of the NDPS Act, as well as Section 103 of the Bihar Narcotic Substances Act, were not complied with, warranting bail. The State opposed bail, emphasizing that the seized quantity exceeded the commercial threshold, invoking the bar under Section 37 of the NDPS Act. The Court examined the submissions and the material evidence, finding no sufficient basis to grant bail and noting the applicability of the Section 37 bar. Consequently, the Court rejected the bail applications and directed the lower court to expedite the trial.
Issues considered
- Whether the petitioners are entitled to bail despite alleged non‑compliance with Sections 42 and 50 of the NDPS Act.
- Whether the quantity of ganja seized triggers the bar on bail under Section 37 of the NDPS Act.
Legislation cited
- Bihar Narcotic Substances (Control) Act — s. 103
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(c), 37, 42, 50, 8
Subjects
- bail
- NDPS Act
- commercial quantity
- Section 37
- procedural compliance
- drug trafficking
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 47976 of 2025
Arising Out of PS. Case No.-7 Year-2025 Thana- BACHHWARA District- Begusarai
======================================================
Pappu Bhagat S/o Shri Ram Bhagat @ Sri Ram Bhagat R/o Village- Naya
Tola Bajitpur, ward No 45, P.S.- Muffasil, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 69851 of 2025
Arising Out of PS. Case No.-7 Year-2025 Thana- BACHHWARA District- Begusarai
======================================================
Rupesh Kumar S/o Mantun Rai @ Mantun Ray Resident of Village-
Matihani, Ward No.- 03, P.S.- Matihani, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 47976 of 2025)
For the Petitioner/s : Mr.Sandip Kumar Gautam, Advocate
For the Opposite Party/s : Mr.Satyendra Narayan Singh, A.P.P.
(In CRIMINAL MISCELLANEOUS No. 69851 of 2025)
For the Petitioner/s : Mr.Sanjeev Kumar, Advocate
For the Opposite Party/s : Mr.Ahmad Ali, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 28-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. Both the aforesaid applications arise out of the
same NDPS Case No.1 of 2025, arising out of Bachhwara P.S.
Case No. 07 of 2025, registered under Sections 8/20(b)(ii)(c) of
Patna High Court CR. MISC. No. 47976 of 2025(3) dt.28-01-2026
2/4
the NDPS Act. Therefore, both the aforesaid applications have
been heard together and are being disposed of by this common
order.
3. As per prosecution case, the police has recovered
three bundles of Ganja weighing 45 Kg. (15 Kg. in each bundle)
from the dickey of vehicle bearing Regd. No. BR01HY4851 and
Ganja weighing 45 Kg. (15 Kg. in each bundle) from the dickey
of vehicle bearing Regd. No.BR01DU7758.
4. Learned counsel for the petitioners submitted that
the petitioners are innocent and have falsely been implicated in
the present case merely on the basis of suspicion. Nothing
incriminating has been recovered from the conscious/physical
possession of the petitioners. He further submits that in the
entire investigation, not an iota of evidence has come showing
the complicity of the petitioners in the alleged occurrence. The
petitioners were only present in the vehicle, in question, and was
not aware of the presence of the alleged contraband in the same.
The petitioners are in custody since 07.01.2025 and have no
criminal antecedent. Learned counsel for the Petitioners further
laid much emphasis on the fact that the mandatory procedure as
prescribed under Section 42 & 50 of the N.D.P.S. Act has not
been followed in this case and, therefore, the Petitioners are
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entitled to the benefit available in the event such mandatory
procedure of section 42 & 50 is not followed and, hence, the
Petitioners should be enlarged on bail on any terms and
conditions deemed fit and proper by this court. There is also
non-compliance of Section 103 of the B.N.S.S.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioners, stating
that the offence alleged against the petitioners are serious in
nature. Learned APP further submits that the quantity of
recovered contraband is above the threshold of commercial
quantity and, hence, rigors of Section 37 of the N.D.P.S. is
attracted in the present case.
6. Considering the submissions made by learned
counsels appearing for the both sides and on a careful
examination of the materials on record, this Court is of the
considered view that the learned counsel for the Petitioners have
failed to make out a case for the release of the petitioners on
bail. Moreover, considering the quantity of contraband Ganja
seized, i.e. total 45 Kg., which is more than the commercial
quantity, it appears that the bar under Section 37 of the N.D.P.S.
Act would be directly applicable to the facts of the present case.
In such view of the matter, this Court is not inclined to release
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the Petitioner on bail at this juncture.
7. Accordingly, the prayer for bail of the petitioners
are rejected with a direction to the learned court below to
expedite the trial and conclude the same expeditiously.
(Rudra Prakash Mishra, J)
manish/-
U T
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