Patna High Court
Ajay Kumar @ Ajay SahaniversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Ajay Kumar, a co‑driver of a bus, was arrested after police intercepted the vehicle and recovered 70.8 kg of a ganja‑like substance from bags in the bus’s dicky, allegedly belonging to other individuals. The prosecution alleged his participation in the offence under sections 8, 20(b)(ii)(c), 25 and 29 of the NDPS Act, while the petitioner claimed he was innocent, had no criminal antecedent, and that the bags did not belong to him. He had been in judicial custody since 6 August 2025. The State opposed his regular bail application. The Patna High Court, after considering the facts, granted the petitioner regular bail on a bond of Rs 10,000 with two sureties, subject to the satisfaction of the Sessions Judge.
Issues considered
- Whether the petitioner, a co‑driver alleged to be involved in the transport of narcotics, is entitled to regular bail under the NDPS Act.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(c), 25, 29, 8
Subjects
- bail
- NDPS Act
- drug trafficking
- regular bail
- co‑driver
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17383 of 2026
Arising Out of PS. Case No.-173 Year-2025 Thana- BHAPTIAHI District- Supaul
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Ajay Kumar @ Ajay Sahani S/O Anant Lal Sah R/O Village- Lakshminiya
Ward no. 14, PS- Gamhariya, Distt- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 18-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has 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 the petitioner being the co-driver of the
bus disclosed that certain bags kept in the ‘dicky’ belongs to the
Dilkhush Kumar and Mithilesh Kumar. Upon search, 70.800
K.G. ‘ganja’ like substance 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.
Patna High Court CR. MISC. No.17383 of 2026(2) dt.18-03-2026
2/2
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has 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 petitioner is
the co-driver of 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 him. It is further submitted that the
petitioner is merely the co-driver and he is having no criminal
antecedent. Moreover, the petitioner is 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 petitioner is 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 amount
each to the satisfaction of learned Sessions Judge, Supaul.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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