Patna High Court
Shiv Narayan MehtaversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was denied as the court was not convinced that the petitioner was not guilty or that he would not reoffend.
Summary
Shiv Narayan Mehta was arrested on 17 July 2025 in connection with an NDPS case where 38 kg of ganja was recovered from his house. He applied for bail, claiming a clean antecedent and that the FIR was fabricated, asserting he had no knowledge of the narcotics. The State opposed bail, emphasizing the large quantity recovered and invoking Section 37 of the NDPS Act, which restricts bail in cases involving commercial quantities. The court referred to Supreme Court precedents that require a belief the accused is not guilty and unlikely to reoffend before granting bail. Considering the facts and the statutory provisions, the court refused the bail application.
Issues considered
- Whether bail can be granted under Section 37 of the NDPS Act when a commercial quantity of narcotics is recovered from the accused's premises.
- Whether the petitioner can demonstrate that he is not guilty and unlikely to commit a similar offence if released.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(c), 37, 8
Subjects
- bail
- NDPS Act
- Section 37
- commercial quantity
- narcotics
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79184 of 2025
Arising Out of PS. Case No.-252 Year-2025 Thana- BIRPUR District- Supaul
======================================================
Shiv Narayan Mehta S/o Late Sitaram Mehta R/o vill - Piprahi Nag, ward no.
4, P.S.- Birpur, Distt.- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 29-01-2026 Heard Mr. Ranjay Kumar Singh, learned counsel for
the petitioner and learned Mr. Nawal Kishore Prasad, A.P.P. for
the State.
2. The petitioner seeks bail, who is in custody since
17.07.2025, in NDPS Case No.78 of 2025 arising out of Birpur
P.S. Case No. 252 of 2025, FIR dated 16.07.2025 registered for
the offence under Sections 8 and 20(b)(ii)(c) of the NDPS Act.
3. Recovery is of 38 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. It appears from the FIR that
nothing has been recovered from conscious possession of the
Patna High Court CR. MISC. No.79184 of 2025(4) dt.29-01-2026
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petitioner rather the recovery has been made from the house of
the petitioner.
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 38 kg of Ganja has been recovered from the house of
the petitioner 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
judgment in the case of Union of India Vs. Ajay Kumar Singh
Patna High Court CR. MISC. No.79184 of 2025(4) dt.29-01-2026
3/3
@ Pappu, reported in 2023 SCC OnLine SC 346.
8. 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.
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 Birpur P.S. Case No. 252 of
2025 pending in the court of learned Sessions Judge, Supaul.
10. Prayer is refused.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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