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IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 47976 of 2025

Arising Out of PS. Case No.-7 Year-2025 Thana- BACHHWARA District- Begusarai

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Pappu Bhagat S/o Shri Ram Bhagat @ Sri Ram Bhagat R/o Village- Naya

Tola Bajitpur, ward No 45, P.S.- Muffasil, District- Begusarai

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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with

CRIMINAL MISCELLANEOUS No. 69851 of 2025

Arising Out of PS. Case No.-7 Year-2025 Thana- BACHHWARA District- Begusarai

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Rupesh Kumar S/o Mantun Rai @ Mantun Ray Resident of Village-

Matihani, Ward No.- 03, P.S.- Matihani, District- Begusarai

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

(In CRIMINAL MISCELLANEOUS No. 47976 of 2025)

For the Petitioner/s : Mr.Sandip Kumar Gautam, Advocate

For the Opposite Party/s : Mr.Satyendra Narayan Singh, A.P.P.

(In CRIMINAL MISCELLANEOUS No. 69851 of 2025)

For the Petitioner/s : Mr.Sanjeev Kumar, Advocate

For the Opposite Party/s : Mr.Ahmad Ali, A.P.P.

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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH

MISHRA

ORAL ORDER

3 28-01-2026 Heard learned counsel for the petitioners and learned

A.P.P. for the State.

2. Both the aforesaid applications arise out of the

same NDPS Case No.1 of 2025, arising out of Bachhwara P.S.

Case No. 07 of 2025, registered under Sections 8/20(b)(ii)(c) of

Patna High Court CR. MISC. No. 47976 of 2025(3) dt.28-01-2026

2/4

the NDPS Act. Therefore, both the aforesaid applications have

been heard together and are being disposed of by this common

order.

3. As per prosecution case, the police has recovered

three bundles of Ganja weighing 45 Kg. (15 Kg. in each bundle)

from the dickey of vehicle bearing Regd. No. BR01HY4851 and

Ganja weighing 45 Kg. (15 Kg. in each bundle) from the dickey

of vehicle bearing Regd. No.BR01DU7758.

4. Learned counsel for the petitioners submitted that

the petitioners are innocent and have falsely been implicated in

the present case merely on the basis of suspicion. Nothing

incriminating has been recovered from the conscious/physical

possession of the petitioners. He further submits that in the

entire investigation, not an iota of evidence has come showing

the complicity of the petitioners in the alleged occurrence. The

petitioners were only present in the vehicle, in question, and was

not aware of the presence of the alleged contraband in the same.

The petitioners are in custody since 07.01.2025 and have no

criminal antecedent. Learned counsel for the Petitioners further

laid much emphasis on the fact that the mandatory procedure as

prescribed under Section 42 & 50 of the N.D.P.S. Act has not

been followed in this case and, therefore, the Petitioners are

Patna High Court CR. MISC. No. 47976 of 2025(3) dt.28-01-2026

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entitled to the benefit available in the event such mandatory

procedure of section 42 & 50 is not followed and, hence, the

Petitioners should be enlarged on bail on any terms and

conditions deemed fit and proper by this court. There is also

non-compliance of Section 103 of the B.N.S.S.

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

opposed the prayer for grant of bail to the petitioners, stating

that the offence alleged against the petitioners are serious in

nature. Learned APP further submits that the quantity of

recovered contraband is above the threshold of commercial

quantity and, hence, rigors of Section 37 of the N.D.P.S. is

attracted in the present case.

6. Considering the submissions made by learned

counsels appearing for the both sides and on a careful

examination of the materials on record, this Court is of the

considered view that the learned counsel for the Petitioners have

failed to make out a case for the release of the petitioners on

bail. Moreover, considering the quantity of contraband Ganja

seized, i.e