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Patna High Court

Police TantiversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Bail was denied to the petitioner.

Summary

The petitioner, a police constable, was arrested as a co-passenger from a vehicle in which 105.3 kg of ganja was seized, and was charged under Sections 8, 20(B)(II)(C) and 29 of the NDPS Act. He contended that he was neither the owner nor the driver of the vehicle and had no involvement in the drug recovery. The State opposed bail, highlighting the large quantity of narcotics and the petitioner’s prior similar conviction. The High Court considered the seriousness of the offence, the quantity involved, and the antecedent record. Consequently, the Court rejected the bail application and directed the trial court to expedite the trial, given the petitioner’s custody since 24‑12‑2024.

Issues considered

  • Whether a co-passenger in a vehicle seized with a large quantity of narcotics is eligible for bail under the NDPS Act.
  • Whether the petitioner’s prior conviction of a similar nature warrants denial of bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • drug trafficking
  • co-passenger liability
  • prior conviction
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10607 of 2026
                 Arising Out of PS. Case No.-165 Year-2024 Thana- KHODAWANDPUR District- Begusarai
                 ======================================================
                 Police Tanti S/o Late Munshi Tanti Resident of - Janglee Mandal Tola, Ward
                 No. 1, Rahimpur, P.S - Mufassil, District - Khagaria
                                                                              ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Rajkumar Rajesh
                 For the Opposite Party/s :      Mr.Satya Nand Shukla
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   18-02-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for

                   offence under Section Sections 8, 20(B)(II)(C), 29 of the

                   N.D.P.S. Act.

                                3. As per F.I.R. 105.300 kg. of Ganja was recovered

                   from a vehicle, bearing Registration No. BR44E-0001, and this

                   petitioner along with two other persons were apprehended on

                   the said vehicle.

                                4. Learned counsel for the petitioner submits that

                   petitioner is neither owner nor driver of the seized vehicle.

                   Petitioner was simply a co-passenger. Petitioner has got no

                   concern with the recovery of alleged Ganja.

                                5. Learned A.P.P. for the State opposes the prayer for

                   bail and submits that petitioner was apprehended from the

                   seized vehicle with alleged Ganja. Besides this, petitioner has
           Patna High Court CR. MISC. No.10607 of 2026(2) dt.18-02-2026
                                                       2/2




                     got one criminal antecedent of similar nature.

                                  6. Considering the quantity of alleged recovered

                     Ganja and criminal antecedent of similar nature, the prayer for

                     bail of petitioner is rejected. However, since petitioner is in

                     custody since 24.12.2024, the learned Trial Court is directed to

                     expedite the trial.



                                                      (Prabhat Kumar Singh, J)
anay

U      T


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