Patna High Court
Runi Bhowmik @ Runu BhowmikversusThe Union of India through the Director, NCB, Patna Zone, Patna
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied as the court was not inclined to grant it in view of the huge drug recovery and seriousness of the offences.
Summary
The petitioner, Runi Bhowmik, a truck cleaner, applied for regular bail in an NCB case involving the seizure of 1,459.2 kg of ganja. He claimed false implication, clean antecedents, and cooperation with the trial, while contending that the trial had been delayed for over three and a half years. The prosecution opposed bail, emphasizing the massive quantity of narcotics seized. The Patna High Court, noting the seriousness of the offences under Sections 8(c), 20(b)(ii)(c), 25 and 29 of the NDPS Act and the large recovery, declined to grant bail and dismissed the application. The court directed the Special NDPS Judge to ensure early disposal of the trial, ordered the NCB to cooperate and produce witnesses, and instructed a report on trial status within three months.
Issues considered
- Whether bail should be granted to the accused under the NDPS Act given the large quantity of narcotics seized
- Whether the accused’s role as a truck cleaner negates criminal liability and justifies bail
- Whether the prolonged pre‑trial detention warrants bail despite the seriousness of the offences
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(c), 25, 29, 8(c)
Subjects
- bail
- NDPS Act
- Narcotic Drugs and Psychotropic Substances Act
- NCB
- drug trafficking
- pre‑trial detention
- trial delay
- early disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80649 of 2025
Arising Out of PS. Case No.-21 Year-2022 Thana- N.C.B (GOVERNMENT OFFICIAL)
District- Darbhanga
======================================================
Runi Bhowmik @ Runu Bhowmik S/o Late Sudhir Chandra Bhowmik
Resident of Village - Barjala, Ward No. 1, P.O and P.S - West Tripura, City /
District - Agartala, State - Tripura
... ... Petitioner/s
Versus
The Union of India through the Director, NCB, Patna Zone, Patna Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nilendu Kumar Choudhary, Advocate
For the U.O.I. : Mr.Awdhesh Kumar Pandey, Sr. C.G.C.
Mr. Arvind Kumar, C.G.C.
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 02-04-2026 Heard learned counsel for the petitioner and
learned Central Government Counsel for the Union of India.
2. The defect(s) as pointed out by the Office is
ignored.
3. The Supplementary affidavit produced on
behalf of the petitioner is taken on record.
4. The petitioner seeks bail in connection with
NCB Case No. NCB/PZU/V/21/2022 registered for the
offences punishable under Sections 8(c)/20(b)(ii)(c)/25 and
29 N.D.P.S. Act.
5. As per the prosecution case, 1459.200 kg of
ganja was recovered from a truck.
Patna High Court CR. MISC. No.80649 of 2025(5) dt.02-04-2026
2/3
6. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. It is next
submitted that petitioner is the cleaner of the truck and has
no knowledge about the alleged seized ganja. Learned
counsel next submits that trial is being delayed by the
N.C.B., though the petitioner is in jail for more than 3 ½
years. Learned counsel further submits that he has clean
antecedent. The petitioner undertakes to co-operate in the
case/ trial.
7. Learned APP for the State has opposed the
prayer for regular bail of the petitioner.
8. Considering the huge recovery, this Court is not
inclined to grant bail to the petitioner.
9. Accordingly, this application stands dismissed.
10. The Learned Additional Sessions Judge-XI-
cum- Special Judge, N.D.P.S., Darbhanga, is directed to
ensure the early disposal of the trial of the petitioner. The
N.C.B. is directed to cooperate in the trial and produce
witnesses on the dates fixed. An appropriate order shall be
passed against the Regional Head of the N.C.B., Bihar. The
Special Judge is further directed to submit a report on the
Patna High Court CR. MISC. No.80649 of 2025(5) dt.02-04-2026
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status of the trial after three months.
11. Let a copy of this order be communicated
through FAX or e-mail to the Principal District Judge,
Darbhanga.
(Sandeep Kumar, J)
tusharika/-
U T
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