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Patna High Court

Ajay Kumar @ Ajay SahaniversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                 ======================================================
                 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
                 ======================================================
                 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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