Patna High Court
Rupesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court refused to grant bail to the petitioner at this stage, directing that bail may be sought only after the charge‑sheet is filed.
Summary
Rupesh Kumar, an 18‑year‑old, was arrested as a pillion rider on a motorcycle from which police recovered 19.273 kg of charas in 41 packets. He was charged under Sections 8, 20(b)(ii)(C), 23(c) and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act and applied for bail. The petitioner argued that he was unaware of the contraband, that the forensic sample was sent to the laboratory with an undue delay, and that no charge‑sheet had yet been filed. The State contended that the petitioner, being on the bike with the seized narcotics, must have had knowledge and was therefore liable. The Patna High Court, after hearing both sides, declined to grant bail, noting the seriousness of the offence and the lack of a charge‑sheet, but allowed the petitioner to re‑apply for bail after the charge‑sheet is filed.
Issues considered
- Whether bail can be granted to a pillion rider accused under the NDPS Act when the contraband was recovered from the vehicle he was riding.
- Whether the delay in forwarding forensic samples to the laboratory warrants bail.
- Whether the absence of a charge‑sheet at the time of bail application precludes granting bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(C), 23(c), 29, 8
Subjects
- NDPS Act
- bail
- charas
- pillion rider
- forensic delay
- charge sheet
- drug smuggling
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1390 of 2026
Arising Out of PS. Case No.-116 Year-2025 Thana- SIKTA District- West Champaran
======================================================
Rupesh Kumar S/o Subodh Kushwaha Resident of Village- Patkhauli, P.S.-
Gopalpur, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 02-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Sikta P.S. Case No. 116 of 2025 registered for the offence
punishable under Sections 8, 20(b)(ii)(C), 23(c) and 29 of the
N.D.P.S. Act.
3. The case of the prosecution, in short, is that from a
bike, altogether 19.273 kg of charas like contraband was
recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that there were two persons on the bike,
and they were identified as Baijnath Kumar, aged about 28
Patna High Court CR. MISC. No.1390 of 2026(4) dt.02-04-2026
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years, and the petitioner, aged about 18 years, and Baijnath has
disclosed that beneath the seat of the bike the contraband is kept
and they are coming from the side of Nepal. He also submits
that the age of petitioner is about 18 years old and he was
unaware of the fact that the bike on which he was riding was
loaded with contraband. He further submits that from perusal of
the FSL report, it will transpire that the samples were sent to the
FSL, Muzaffarpur, on 22.08.2025, whereas the occurrence is of
11.08.2025.
5. The learned counsel for the petitioner has relied on
an order of Hon’ble Apex Court in S.L.P Cr. No. 7089 of 2025
wherein their lordship of the Supreme Court has held that:-
“the argument is that the petitioners
were arrested on 28.03.2023 and that
they have been in jail for more than
two years and ten months. The sample
was sent to the Forensic science
laboratory (FSL) after 21 days for
which there is no appropriate
explanation and the petitioners were
directed to enlarged on bail”
6. The prayer of the learned counsel for the petitioner
is two fold; first is that there has been delay in sending the
exhibits to FSL and that the petitioner was unaware of the fact
that the bike on which he was riding was loaded with
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contraband. Be it as may be, it is a case under which 19 kg of
Asish has been recovered from the bike on which the petitioner
was also a pillion rider. It has also been brought to the notice of
the court that till today, chargehseet has not been submitted.
Moreover, a statement has been made in para 3 of the petition
that petitioner has no criminal antecedent and he is languishing
in judicial custody since 12.08.2025.
7. The application for bail is opposed by learned APP
for the State and submitted that this petitioner along with other
co-accused person namely, Baijnath were riding on motorcycle
bearing registration no. BR09E2293 and were apprehended on
the spot with 19.273 kg of Charas kept in 41 packets. Both the
petitioner and co-accused person were carrying the aforesaid
incriminating articles which was used by them in smuggling of
the same. The alleged recovery of charas was above the
commercial quantity. It is hard to believe that petitioner being
pillion rider on the aforesaid motorcycle had got no knowledge
about the carrying of alleged incriminating articles and as such,
petitioner was involved in the alleged occurrence and was
apprehended on the spot with aforesaid articles, his prayer for
regular bail is fit to be dismissed.
8. Having heard learned counsel for the parties and
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considering the facts and circumstances of the case, conduct of
the petitioner, materials available on record and other
circumstances of the case, this Court is not inclined to enlarge
the petitioner on bail at this stage, however he may renew his
prayer for bail after the charge-sheets are filed.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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