Vinod Kumar Tatma @ Vinod Tatma Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2026)

Vinod Kumar Tatma @ Vinod Tatma Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2026)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether regular bail should be granted to the petitioner on this second renewal of his bail prayer in Kuwari P.S. Case No. 18 of 2024 (offences under Sections 8, 20(b)(ii)(c), 22(c), 25 NDPS Act, involving commercial-quantity recovery engaging the Section 37 bar), taking into account the stage and progress of the trial and the petitioner's period of custody.

Court's answer

The 78 kg ganja recovery from the petitioner's possession is a commercial quantity falling under the purview of Section 37 of the N.D.P.S. Act, which directly bars the grant of bail to the accused.

Ratio / Principle

From the Trial Court's report, the trial has got substantial progress and is reported to be concluded within nine months; this progress was weighed by the Court.

Key takeaways

The petitioner had remained in custody for approximately one and a half years, a factor noted by the Court in reaching its determination.ratio¶¶24
Considering the commercial-quantity recovery attracting the rigor of Section 37 NDPS Act, the substantial trial progress with conclusion reported within nine months, and the petitioner's custody of about one and a half years, the Court held it a fit case where more incarceration of the petitioner is required and was not inclined to grant bail at this stage.ratio¶¶24

Detailed headnote1 paragraphs

NDPS Act – regular bail – refusal (second application). Vinod Kumar Tatma @ Vinod Tatma, in custody approx. one and a half years, renewed (second occasion) his prayer for regular bail in Kuwari P.S. Case No. 18 of 2024, Araria, registered u/s 8, 20(b)(ii)(c), 22(c), 25 N.D.P.S. Act; prosecution case: 78 kg ganja recovered from his house and 41.200 kg from a maize field at the instance of co-accused Santosh Mandal @ Santosh. The 78 kg recovery was treated as commercial quantity attracting the rigor of S. 37 N.D.P.S. Act, which directly bars bail. Earlier prayer had been rejected by a Co-ordinate Bench vide order dt. 17.06.2025 with a direction to expedite trial; pursuant to this Court's order dt. 07.05.2026, the Trial Court report dt. 27.05.2026 (Flag- A) showed one of five charge-sheeted witnesses examined and trial projected to conclude within nine months. Weighing the S. 37 bar, trial progress and custody, Girijish Kumar, J (single judge) held further incarceration required and declined bail at this stage (oral order dt. 21-07-2026). No precedent cited; no monetary quantum involved (recoveries stated in kg only).

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29874 of 2026

Arising Out of PS. Case No.-18 Year-2024 Thana- KUWARI District- Araria

======================================================

Vinod Kumar Tatma @ Vinod Tatma S/o Chhatar Lal Tatma @ Chhatranand Tatma R/o Village - Darha Pipra, Ward no. 13, P.S. - Kuwari, Dist. - Araria.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Gopal Kumar Jha, Adv. For the Opposite Party/s : Mr.Nagendra Prasad, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE GIRIJISH KUMAR ORAL ORDER

4 21-07-2026

Heard learned counsel for the petitioner and learned

A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Kuwari P.S. Case No. 18 of 2024 registered for the offence punishable u/s 8, 20(b) (ii) (c), 22(c), 25 of the N.D.P.S. Act.

As per the prosecution case, total 78 kg ganja was recovered from the house of the petitioner. At the instance of the co-accused, Santosh Mandal @ Santosh, total 41.200 kg ganja was recovered from the maize crops field.

This is the second occasion where the petitioner has renewed the prayer for bail.

It is evident from the record that earlier the prayer for bail of the petitioner has been rejected by a Co-ordinate

Patna High Court CR. MISC. No.29874 of 2026(4) dt.21-07-2026 2/3

Bench of this Court vide order dated 17.06.2025 with a direction to the learned Trial Court to conclude the trial of the petitioner at the earliest.

This Court while entertaining the second bail petition of the petitioner has called for a report from the Court of learned Principal District & Sessions Judge, Araria regarding the stage of the trial vide order dated 07.05.2026.

Pursuant to the order dated 07.05.2026, a report from the Trial Court has been received to this Court which is kept on record at Flag- A. The report dated 27.05.2026 reveals that out of five charge-sheeted witness, one witness have been examined and the case is fixed for examination of prosecution evidence. It has clearly stated therein that the trial would be concluded within nine months.

Considering the quantum of recovery of Ganja which is to the tune of 78 kg from the possession of the petitioner and falls under the purview of commercial quantity attracting the rigorous of section 37 of the N.D.P.S. Act which directly bars the grant of bail to the accused as well as the fact reveals from the report of the learned Trial Court that the trial has got substantial progress and the same is reported to be concluded within nine months as also the petitioner has

Patna High Court CR. MISC. No.29874 of 2026(4) dt.21-07-2026 3/3

remained in custody approx for one and half year only, this Court is of the view that it is a fit case where more incarceration of the petitioner is required, therefore this Court is not inclined to grant bail to the petitioner at this stage.

(Girijish Kumar, J)

amit/-

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