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Patna High Court

Runi Bhowmik @ Runu BhowmikversusThe Union of India through the Director, NCB, Patna Zone, Patna

Decided
Disposal
DISMISSED

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

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
                                                          3/3




                        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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