Patna High Court

Dilkhush KumarversusThe State of Bihar

Decided: 27 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted regular bail to the petitioners, finding no sufficient basis to deny bail under the NDPS Act.

Summary

The petitioners, Dilkhush Kumar and Mithilesh Kumar, were arrested in connection with a seizure of 70.8 kg of cannabis from a bus intercepted by police, who alleged that bags recovered from the bus’s dicky belonged to them. The prosecution alleged that the petitioners were involved in the transport of the contraband, while the petitioners contended they were merely passengers and had no ownership of the seized bags, asserting that the actual transporter was another individual who fled the scene. They have been in judicial custody since 6 August 2025 and have no prior criminal record. The State opposed the grant of regular bail, invoking the seriousness of the offences under the NDPS Act. The Court, after considering the facts, found insufficient grounds to deny bail and ordered the release of the petitioners on a regular bail bond of Rs.10,000 with two sureties. The order was pronounced by Justice Ashok Kumar Pandey.

Issues considered

Whether the petitioners are entitled to regular bail under the NDPS Act despite the seizure of a large quantity of narcotics.
Whether the mere presence of the petitioners on the bus and alleged ownership of the bags constitute sufficient grounds to deny bail.

Legislation cited

Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(c), 25, 29, 8

Subjects

NDPS Act
regular bail
drug trafficking
possession
bus interception
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13094 of 2026
                      Arising Out of PS. Case No.-173 Year-2025 Thana- BHAPTIAHI District- Supaul
                 ======================================================
           1.     Dilkhush Kumar Son of Sanjay Sah Resident of village- Thariya Punarwas,
                  Ps- Kishanpur, Dist- Supaul
           2.    Mithilesh Kumar @ Mithilesh Kumar Sharma @ Mithlesh Kumar Son of
                 Bagewa Ward No. 08, Murli, Ps- Bhaptiyahi, Dist- supal Resident of village-
                 Lachhawar, Ps- Thawe, Dist- Gopalganj

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Arvind Kumar, Advocate
                 For the Opposite Party/s :       Mr.Tarun Prasad Mandal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   27-02-2026                        Heard learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners have prayed for regular bail in a

                   case registered for the offence punishable under sections 8/20

                   (b) (ii) (c), 25 and 29 of the NDPS Act.

                                3.    The case of the prosecution is that on receiving

                   secret informant that ‘ganja’ was being transported in a bus

                   named Om Shiv Shakti bearing Registration no. BR50P-7141,

                   the police intercepted the said bus. The bus was allegedly full of

                   passengers. It is further alleged that a co-driver of the bus

                   disclosed that certain bags kept in the ‘dicky’ belongs to the

                   petitioners. Upon search, 70.800 K.G. ‘ganja’ like substance
Patna High Court CR. MISC. No.13094 of 2026(2) dt.27-02-2026
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          was recovered from those bags. It is further alleged that two

          persons attempted to flee from the bus, one of whom was the

          driver and both allegedly managed to escape from the spot.

                       4. Learned counsel for the petitioners submits that the

          petitioners are innocent and have falsely been implicated in

          connection with the present case. It is further submitted that one

          of the persons, who had fled from the bus is Raja and the

          alleged contraband was being transported at his instance. The

          petitioners are merely passengers traveling in the said bus and

          have no concern with the seized bags. The bags which are being

          recovered from the ‘dicky’ of the bus does not belong to them. It

          is further submitted that they are labourers and having no

          criminal antecedent. Moreover, the petitioners are languishing in

          judicial custody since 06.08.2025.

                       5.     Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail.

                       6. Considering the aforesaid facts and circumstances

          of the case, this court is inclined to enlarge the petitioner on

          bail. The above named petitioners are directed to be released on

          bail in connection with NDPS Case No. 85 of 2025 arising out

          of Bhaptiyahi P.S. Case No. 173 of 2025 on furnishing bail

          bond of Rs.10,000/- (ten thousand) with two sureties of the like
            Patna High Court CR. MISC. No.13094 of 2026(2) dt.27-02-2026
                                                        3/3




                      amount each to the satisfaction of learned Sessions Judge,

                      Supaul.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T

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