Patna High Court
Rupesh RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted bail to the petitioner, finding insufficient evidence to justify continued detention.
Summary
Rupesh Ram was arrested in connection with a case under the NDPS Act for alleged possession of 58 kg of ganja recovered from a co-accused's partially constructed house. The only incriminating material against him was the statement of co-accused Bahru Mandal, who had already been granted bail and identified Rupesh as a participant. No other evidence suggested Rupesh's involvement or a culpable mental state under Section 35 of the NDPS Act, and the investigation was complete with a charge‑sheet filed. The petitioner sought bail, arguing that the stringent provisions of Section 37 should not apply. The Court, noting the lack of substantive evidence and the completed investigation, ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the BNSS.
Issues considered
- Whether bail should be granted to the accused under the NDPS Act given the paucity of incriminating evidence.
- Whether the provisions of Section 37 of the NDPS Act are applicable in the absence of a culpable mental state under Section 35.
Legislation cited
Subjects
- bail
- NDPS Act
- contraband
- culpable mental state
- Section 35
- Section 37
- Section 480(3)
- Bihar
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87356 of 2025
Arising Out of PS. Case No.-193 Year-2024 Thana- KURSAILA District- Katihar
======================================================
Rupesh Ram S/o Prao Ram @ Paro Ram Resident of Village- Nawabganj,
P.S.- Kursela, District- Katihar, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Apurv Harsh, Adv.
Mr. Manu Tripurari, Adv.
Mr. Raghav Raj Pratap, Adv.
Mr. Hritik Anand, Adv.
Ms. Jaya Singh, Adv.
For the Opposite Party/s : Mr. Lalan Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 10-02-2026 Heard the parties.
2. The petitioner seeks bail in connection with
Kursela P.S. Case No. 193 of 2024 registered for the offences
under Sections 8, 20(B)(ii)(C) of the NDPS Act.
3. The petitioner is named in the F.I.R. and is in
custody since 20.06.2025.
4. As per FIR the petitioner along with other co-
accused persons alleged to be in possession of 58 kilograms
of contraband i.e., ganja where alleged recovery was made
from the partly constructed house of co-accused Bahru
Mandal.
5. Mr. Apurv Harsh learned counsel appearing on
Patna High Court CR. MISC. No.87356 of 2025(2) dt.10-02-2026
2/3
behalf of the petitioner submitted that admittedly in terms of
FIR, the alleged contraband was recovered from the partly
constructed house of named co-accused Bahru Mandal who
has already granted bail by this Court through Cr. Misc. No.
30492 of 2025 dated 30.08.2025. It is submitted that during
raid said co-accused Bahru Mandal named this petitioner as
one of the person who was involved in dealing with
contraband with him. In this context it is submitted that save
and except this statement of apprehended co-accused Bahru
Mandal nothing incriminating material transpired during
investigation against petitioner as to suggest his involvement
with present crime in question. It is further submitted that
nothing transpired during investigation which may suggest
that petitioner was under culpable mental state in view of
Section 35 of NDPS Act and, therefore, the rigors of Section
37 of NDPS Act cannot be imported in present factual
scenario. While concluding the argument, it is submitted that
petitioner is a man of clean antecedent and moreover,
investigation of this case is completed, for which charge-sheet
has been submitted, as such, there is no chance of tampering
Patna High Court CR. MISC. No.87356 of 2025(2) dt.10-02-2026
3/3
with the evidence.
6. Learned APP opposed the prayer of bail.
7. In view of aforesaid factual submissions and by
taking note of fact as save and except suspicions arising out
of statement of apprehended co-accused Bahru Mandal
prima-facie nothing incriminating appears during investigation
as to connect petitioner with present recovery of contraband,
coupled with fact as investigation of this case already
completed where petitioner remains in custody since
20.06.2025, accordingly petitioner above named, is directed
to be released on bail in connection with Kursela P.S. Case
No. 193 of 2024 on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Special Judge (NDPS Act)
cum Principal District and Sessions Judge, Katihar/ concerned
court, subject to the conditions as mentioned under Section
480(3) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
Checking your session…