Patna High Court
Mithilesh Kumar Ray @ Mithilesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- RAMESH CHAND MALVIYA
Holding
Bail was granted to the appellant.
Summary
The appellant, a 19‑year‑old driver, was declared a juvenile and charged under Sections 8(c), 20(ii)(c), 25 and 29 of the NDPS Act for the alleged recovery of 112 kg of ganja from a truck. He claimed he had no knowledge of the contraband and that the recovery was not from his conscious possession. The trial had not progressed beyond the examination of prosecution witnesses, and the appellant had been in custody for over three years. The State opposed bail, arguing the quantity seized was far beyond commercial limits. Considering the appellant’s juvenile status, clean antecedents, lack of proven knowledge, and the anticipated further delay of at least one year to conclude the trial, the Court allowed bail on the condition of a Rs 10,000 bond with two sureties.
Issues considered
- Whether bail should be granted to a juvenile accused under the NDPS Act when the trial is delayed and the accused claims lack of knowledge of the contraband.
- Whether the prolonged pre‑trial detention of over three years justifies bail despite the large quantity of narcotics seized.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(ii)(c), 25, 29, 8(c)
Subjects
- bail
- NDPS Act
- juvenile offender
- drug trafficking
- prolonged detention
- trial delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1972 of 2025
Arising Out of PS. Case No.-11 Year-2022 Thana- D.R.I District- Muzaffarpur
======================================================
Mithilesh Kumar Ray @ Mithilesh Kumar, aged about 19 years S/O Umesh
Yadav @ Umesh Rai R/O Village-Bhuapar,PS-Pandarak, Distt-Patna, through
his father Umesh Yadav @ Umesh Rai S/O Jugal Ray R/O Bhuapar, PS-
Pandarak, Distt-Patna
... ... Appellant/s
Versus
1. The State of Bihar
2. Directorate of Revenue Intelligence,Muzaffarpur Bihar BiharN
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Praveen Kumar
For the Respondent/s : Mr. Anand Mohan Prasad Mehta
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
10 30-01-2026 Heard learned counsel appearing on behalf of the
parties.
2. The appellant seeks bail in connection with DRI
Case No.11 of 2022-2023 registered for the offence under
Sections 8(c),20 (ii)(c), 25 and 29 of the NDPS Act.
3. As per allegation in the F.I.R., there is total
recovery of 112 K.Gs. of contraband like Ganja from a Truck
bearing Registration No.WB05 6057 near Maniyari toll Plaza.
4. Learned counsel appearing on behalf of the
appellant submits that the present appellant has been declared
juvenile vide order dated 31.07.2024 by the learned Juvenile
Justice Board, Muzaffarpur. He next submits that the present
Patna High Court CR. APP (SJ) No.1972 of 2025(10) dt.30-01-2026
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appellant is a driver of the said truck and he had no knowledge
about the consignment of the contraband like Ganja. He further
submits that alleged recovery of Ganja was not made from
conscious possession of the appellant. He further submits that
the appellant is a man of clean antecedent and he is in custody
since 23.01.2023. Learned counsel for the appellant contends
that earlier prayer for regular bail of the appellant was rejected
by this Court vide order dated 20.02.2024 in Cr. Misc. No.
67148 of 2023 wherein learned trial Court was directed to
expedite the trial but the present stage of trial is that prosecution
witnesses has not been examined as yet. He, lastly, submits that
the appellant is in custody since more than three years and it
will take more time to conclude the trial, so the appellant may
be enlarged on bail.
5. Learned counsel appearing for the respondents
opposes the prayer for bail of the appellant and submits that the
alleged recovery of Ganja was much more than commercial
quantity.
6. On perusal of the materials available on record and
status report of the learned District and Additional Sessions
Judge Children’s Court 1st, Muzaffarpur vide Letter No. 283 of
2025 wherein it is mentioned that for concluding the trial of the
Patna High Court CR. APP (SJ) No.1972 of 2025(10) dt.30-01-2026
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present case one more year time is required. Thus, it seems that
the .trial is not likely to be concluded in near future.
Considering the aforesaid facts and circumstances of the case,
the bail application of the appellant is hereby allowed.
7. Let the above named appellant be released on bail
on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with
two sureties of the like amount each to the satisfaction of
learned Additional Sessions Judge 1st, Muzaffarpur / concerned
Court in connection with DRI Case No.11 of 2022-2023.
(Ramesh Chand Malviya, J)
Mayank/-
U T
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