Patna High Court
Ram Prabesh Kumar Yadav @ Rampravesh Yadav @ Ram Pavesh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The bail petition is dismissed because the recovered contraband exceeds the commercial quantity, invoking the bar under Section 37 of the NDPS Act.
Summary
Ram Prabesh Kumar Yadav applied for bail in an NDPS case involving offences under Sections 8 and 20(b)(ii)(B) after being in judicial custody since September 2023. The Patna High Court had earlier rejected regular bail on 14 November 2024, finding that the seized contraband exceeded the commercial quantity. The petitioner argued that his continued detention lacked justification, while the State maintained that the quantity attracted the statutory bar under Section 37 of the NDPS Act. The Court noted that no fresh ground was presented to revisit the earlier order. Accordingly, the bail petition was again rejected and the lower court was directed to expedite the trial.
Issues considered
- Whether bail can be granted when the quantity of contraband exceeds the commercial quantity under Section 37 of the NDPS Act.
- Whether any fresh ground exists to reconsider the bail application after an earlier rejection.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(B), 37, 8
Subjects
- bail
- NDPS Act
- commercial quantity
- Section 37
- judicial custody
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6666 of 2026
Arising Out of PS. Case No.-233 Year-2023 Thana- JOGBANI District- Araria
======================================================
Ram Prabesh Kumar Yadav @ Rampravesh Yadav @ Ram Pavesh Kumar
Yadav S/o- Late Surya Narayan Yadav R/v- Kewla W.No-2, Ps- Bhimpur
Dist- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 06-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with NDPS
Case No. 75 of 2023 arising out of Jogbani P.S. Case No. 233 of
2023 instituted for the offences under Sections 8, 20(b)(ii)(B) of
the N.D.P.S. Act.
3. Earlier vide order dated 14.11.2024 passed in Cr.
Misc. No. 61522 of 2024 regular bail of the petitioner was
rejected by this Court considering the recovery of the
contraband beyond the commercial quantity.
4. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 07.09.2023
without any rhymes or reason.
Patna High Court CR. MISC. No.6666 of 2026(2) dt.06-02-2026
2/2
5. Learned APP for the State opposes the prayer for
grant of bail stating that recovered contraband is above the
commercial quantity, hence, there is bar under Section 37 of the
N.D.P.S. Act.
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.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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