Created by Fuzzy Cloud

Patna High Court

Rajkumar Prasad Kushwaha @ Raju KushwahaversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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/-
U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.