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Patna High Court

Shiv Narayan MehtaversusThe State of Bihar

Decided
Disposal
REJECTED

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

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
                                            2/3




          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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