Patna High Court refused bail to two petitioners accused under NDPS Act in a ganja recovery case involving commercial quantity. Court held recovery quantity precluded presumption of innocence under Section 37.
Bail prayer refused; petitioners to remain in custody.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6580 of 2023
Arising Out of PS. Case No.-218 Year-2022 Thana- KUTUMBA District- Aurangabad
======================================================
Rohit Kumar Mishra S/O Radha Balam Mishra @ Radha Ballabh Mishra Resident of village- Barheta. P.S.- Kutumba, District- Aurangabad.
... ... Petitioner/s Versus ... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 8689 of 2023
Arising Out of PS. Case No.-218 Year-2022 Thana- KUTUMBA District- Aurangabad
======================================================
Satrughan Kumar Singh @ Satrughan Singh Son Of Ram Nandan Singh R/O Barheta, P.S.- Kutumba, District- Aurangabad
... ... Petitioner/s Versus
... ... Opposite Party/s
| =================== Appearance : (In CRIMINAL MISCELLAN For the Petitioner/s : |
=================================== EOUS No. 6580 of 2023) Mr. Bindhyachal Singh, Sr. Advocate Miss. Nikita Mittal, Advocate |
|---|---|
| For the Opposite Party/s : | Mr. Shyam Kumar Singh, APP |
| For the EOU : (In CRIMINAL MISCELLAN |
Mr. V.N.P Sinha, Sr. Advocate Mrs. Soni Shrivastava, Advocate EOUS No. 8689 of 2023) |
| For the Petitioner/s : |
Mr. Y.C. Verma, Sr. Advocate |
| For the Opposite Party/s : For the EOU : =================== |
Mr. Navin Kumar Pandey, APP Mr. V.N.P Sinha, Sr. Advocate Mrs. Soni Shrivastava, Advocate =================================== |
| CORAM: HONOURABL | E MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER |
learned senior counsel for the petitioners, Mr. V.N.P Sinha, Sr. Advocate assisted by Mrs. Soni Shrivastava, learned counsel
Patna High Court CR. MISC. No.6580 of 2023(13) dt.01-12-2023 2/4
appearing on behalf of E.O.U as well as Mr. Shyam Kumar and Navin Kumar Pandey, learned APP for the State.
Patna High Court CR. MISC. No.6580 of 2023(13) dt.01-12-2023 3/4
vehemently opposed the prayer for bail of the petitioners and 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. They further submits that apart from the aforesaid, the bail application of Shyam Kishore Mishra @ Shyam Mishra has been rejected by the Co-ordinate Bench of this Hon’ble Court vide order dated 19.09.2023 passed in Cr. Misc. No. 33951 of 2023.
Patna High Court CR. MISC. No.6580 of 2023(13) dt.01-12-2023 4/4
(Rajesh Kumar Verma, J)
Vanisha/-
2 issues framed by the court
Whether bail should be granted to petitioners accused of possessing commercial quantity of narcotics without knowledge or role in recovery.
Whether non-compliance of Section 50 of NDPS Act is sufficient ground for bail in commercial quantity cases.
Colour shows how this judgement treated each authority
State of Kerala and Ors. Vs. Rajesh and Ors.Referred¶30
(2020) 12 SCC 122 · Who else cites this
Narcotic Control Bureau Vs. Mohit AggarwalReferred¶30
AIR 2022 SC 3444 · Who else cites this
Union of India vs. Ajay Kumar Singh @ PappuReferred¶30
2023 SCC OnLine SC 3456 · Who else cites this
2 provisions across 1 enactments
Rohit Kumar Mishra
Satrughan Kumar Singh
The State of Bihar
The Economic Offences Unit, Bihar
Rajesh Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
