Patna High Court

Lal Babu MiyaversusThe State of Bihar

Decided: 11 March 2026
Disposal: BAIL REJECTED
Bench: R P MISHRA

Holding

Bail was denied as the contraband exceeded commercial quantity, invoking the bar under Section 37 of the NDPS Act.

Summary

The petitioner, Lal Babu Miya, a bus driver, was arrested on 17-12-2024 after a police raid intercepted a bus carrying 203.8 kg of ganja, exceeding commercial quantity under the NDPS Act. He was charged under Sections 8(c), 20(b)(ii)(C) and 22 of the NDPS Act and sought bail. The petitioner claimed innocence, no prior record, and pointed to the bail granted to a co-accused. The State opposed bail, invoking the statutory bar under Section 37 of the NDPS Act because the seized quantity was above commercial limits. The High Court, after considering the facts and the Section 37 embargo, refused bail and directed the trial court to expedite the trial.

Issues considered

Whether bail can be granted to an accused under the NDPS Act when the seized contraband exceeds commercial quantity, invoking the bar under Section 37.
Whether the petitioner’s lack of prior record and the bail granted to a co-accused affect the bail decision.

Legislation cited

Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(C), 22, 37, 8(c)

Subjects

NDPS Act
bail
commercial quantity
Section 37
drug trafficking
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87877 of 2025
                      Arising Out of PS. Case No.-322 Year-2024 Thana- RAMGARHWA District- East
                                                       Champaran
                 ======================================================
                 Lal Babu Miya S/o Late Ali Hassan R/o Village- Chadwa, Ward No.04, P.S-
                 Ramgadhwa, Dist- East Champaran.
                                                                          ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Bimlesh Kumar Pandey, Advocate
                 For the Opposite Party/s :      Ms. Renu Kumari, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

5   11-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State. Perused the case diary.

                                2. The petitioner seeks bail in connection with NDPS

                   Case No. 78 of 2025, arising out of Ramgharwa PS Case No.

                   322 of 2024 instituted for the offences under Sections 8(c),

                   20(b)(ii)(C) & 22 of the NDPS Act.

                                3. The prosecution case, in short, is that on

                   17.12.2024, on receiving secret information from SSB 71

                   Battalion regarding transportation of ganja in Bus No.

                   BR1AP3987 via the Raxaul–Raghunathpur route, a raiding team

                   along with a deputed Magistrate intercepted the said bus near

                   Hanuman Mandir Chowk, Ramgarhwa, apprehended the driver

                   – Lalbabu Mian (petitioner), who allegedly disclosed that the

                   ganja was concealed in the bus on the instruction of owner
Patna High Court CR. MISC. No.87877 of 2025(5) dt.11-03-2026
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          Ekram Mian for delivery to Sugauli, and upon search in

          presence of the Magistrate recovered 18 packets of ganja-like

          substance weighing a total of 203.800 Kg.

                        4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in the

          present case. The petitioner is in custody since 18.12.2024 and

          has got no criminal antecedent. Charge-sheet has been submitted

          in this case. There is no allegation of tampering of witnesses

          alleged against the petitioner. Learned counsel further submits

          that petitioner was driver of the alleged vehicle. Learned

          counsel for the petitioner further submits that other co-accused

          has been granted bail by this Bench vide order dated 24.02.2026

          passed in Cr. Misc. No. 4376 of 2026.

                      5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner. Learned

          A.P.P. submits that recovered contraband is above the

          commercial quantity, hence, there is bar under Section 37 of the

          N.D.P.S. Act.

                       6. Considering the aforesaid facts and circumstances

          of the case and recovery of contraband beyond commercial

          quantity coupled with embargo under Section 37 of the N.D.P.S.

          Act, this Court is not inclined to grant bail to the petitioner.
           Patna High Court CR. MISC. No.87877 of 2025(5) dt.11-03-2026
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                                  7. The prayer for grant of bail to the petitioner is

                     rejected.

                                  8. Learned Trial Court is directed to expedite the trial.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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