Patna High Court
Rajkumar Prasad Kushwaha @ Raju KushwahaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, finding the evidence insufficient to justify continued custody.
Summary
The petitioner, Rajkumar Prasad Kushwaha, applied for bail in a case registered under Sections 20(b)(ii)(C), 23(C), 25 and 29 of the NDPS Act, alleging that he was falsely implicated in the seizure of 32.6 kg of ganja from a Bolero vehicle. The prosecution claimed that secret information and a night‑time identification by a watchman linked the petitioner to the contraband, although nothing was recovered from his possession. The petitioner argued that he was neither the owner nor the driver of the vehicle and that the identification was unreliable. After hearing both sides, the court found the evidence insufficient to justify continued detention and ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties. The bail order was directed to be complied with by the Exclusive Special Judge (NDPS) in West Champaran.
Issues considered
- Whether the petitioner is entitled to bail under the NDPS Act despite the alleged involvement in the seizure of large quantity of narcotics.
- Whether the identification of the petitioner by a night‑time watchman constitutes sufficient ground for denial of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(C), 23(C), 25, 29
Subjects
- bail
- NDPS Act
- drug trafficking
- identification
- secret information
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13684 of 2026
Arising Out of PS. Case No.-88 Year-2025 Thana- INARWA District- West Champaran
======================================================
Rajkumar Prasad Kushwaha @ Raju Kushwaha, S/O Nagendra Prasad @
Nagendra Mahato @ Nagendra Prasad Kushwaha@Nagendra
Kushwaha@Nagindra Kushwaha, R/O Vill.- Khamiha, P.S.- Inarwa, Dist.-
West Champaran, Bihar- 845306
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar, Advocate
For the Opposite Party/s : Ms. Nirmala Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection with
Inarwa P.S. Case No.88 of 2025 registered for the offence
punishable under Sections 20(b)(ii)(C), 23(C), 25 and 29 of
N.D.P.S. Act.
3. The case of the prosecution, in short, is that police
had secret information that on a Bolero vehicle, the petitioner
along with one other carrying ganja. The said Bolero was
intercepted. The petitioner and one other managed to escape and
from that Bolero, altogether 32.600 Kg. of ganja like contraband
was recovered.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
Patna High Court CR. MISC. No.13684 of 2026(2) dt.12-03-2026
2/2
offence. He has been falsely implicated in this case. From perusal
of the F.I.R. it is clear that nothing has been recovered from the
possession of this petitioner. He is neither the owner nor the driver
of the said Bolero vehicle. His name has surfaced only on the basis
of secret information and identification by Chaukidar. It has
further been submitted that it is very strange that in the darkness of
night, local Chukidar has been able to identify the petitioner. He is
languishing in judicial custody since 15.01.2026.
5. Learned APP appearing for the State has vehemently
opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail bond
of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the
like amount each to the satisfaction of the learned Exclusive
Special Judge (NDPS), West Champaran, Bettiah in connection
with Inarwa P.S. Case No.88 of 2025.
(Ashok Kumar Pandey, J)
lata/-
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