Ram Nath Chaupal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28169 of 2026 Arising Out of PS. Case No.-101 Year-2025 Thana- LAUKAHA District- Madhubani ====================================================== Ram Nath Chaupal S/O Nepali Chaupal Village- Mahadewa, P.S.- Narahiya, District -Madhubani ... ... Petitioner/s

Versus

The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Ms. Kumari Pallavi, Advocate For the State :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-04-2026 Heard Ms. Kumari Pallavi, learned counsel for the petitioner and Mr. Ashok Kumar Singh, learned APP for the State.

2. Petitioner seeks bail who is in custody since 11.07.2025 in connection with Laukaha P.S. Case No. 101 of 2025 for the offences punishable under Sections 8, 20(b),(ii), (c)/22 of the N.D.P.S. Act.

3. The case relates to recovery of 44.6 Kgs. 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. She further submits that the allegation as allegation in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. and nothing has been recovered from the conscious

Patna High Court CR. MISC. No.28169 of 2026(2) dt.23-04-2026 2/3 possession of the petitioner rather recovery has been made from the vehicle in question. The petitioner is in custody since 11.07.2025.

5. Learned Additional Public Prosecutor, on the other hand, vehemently opposed the prayer for bail of the petitioner and submits that altogether 44.6 Kgs. of contraband (Ganja) has been recovered from the vehicle in question and the petitioner was seated in the vehicle in question along with other co-accused person. Learned counsel for the State further submits that the recovered contraband is more than the commercial quantity, so there is embargo under Section 37 of the N.D.P.S. Act not to enlarge the petitioner on bail apart from aforesaid for the same set of allegation the bail petition of coaccused Krishna Kumar Thakur has been rejected by this Court vide order dated 09.04.2026 passed in Cr. Misc. No. 6095 of 2026.

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 Substance Act, 1985, Section 37 which says that before grant of bail, the Court must have reason to believe that petitioner has not committed the offence and in the event of release he would not commit similar

Patna High Court CR. MISC. No.28169 of 2026(2) dt.23-04-2026 3/3 offence.

7. The issue was considered by the Hon'ble Supreme Court in the case of State of Kerala and Ors. Vs. Rajesh and 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 Union of India vs. Ajay Kumar Singh @ Pappu reported in 2023 SCC OnLine SC 3456 dated 28.03.2023.

8. The recovery of huge quantity of Ganja recovered 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. Hence, I am not inclined to enlarge the petitioner on bail in connection with Laukaha P.S. Case No. 101 of 2025, pending in the Court of learned District and Sessions Judge cum Special Judge, N.D.P.S. Act, Madhubani.

10. Prayer is refused.

Ibrar//- (Rajesh Kumar Verma, J) U T