Patna High Court
Police TantiversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(B)(II)(C), 29, 8
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
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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
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Appearance :
For the Petitioner/s : Mr.Rajkumar Rajesh
For the Opposite Party/s : Mr.Satya Nand Shukla
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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
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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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