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Patna High Court

Rupesh Kumar @ Rupesh YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner.

Summary

Rupesh Kumar was arrested in connection with a case alleging that a vehicle he used was employed to transport 984 grams of a charas-like substance, leading to charges under the NDPS Act (sections 20(b)(ii)(c), 23, 25) and the IPC (sections 414, 34). The petitioner contended that the vehicle belonged to his brother‑in‑law, that no contraband was found in his possession, and that a forensic report dated 06‑03‑2024 negated the substance as charas. He also highlighted his clean criminal record. The State opposed bail, asserting that the petitioner was the user of the vehicle. Considering the lack of possession, the forensic finding, and the petitioner’s clean antecedents, the court decided to grant bail with stringent conditions regarding sureties, court appearances, police reporting, and non‑interference with witnesses or evidence.

Issues considered

  • Whether bail should be granted to the accused under NDPS and IPC charges in view of the absence of contraband in his possession and the forensic report negating the presence of charas
  • Whether the petitioner’s alleged involvement as a user of the vehicle suffices to deny bail

Legislation cited

Subjects

  • bail
  • NDPS Act
  • Indian Penal Code
  • forensic report
  • possession
  • vehicle
  • charas
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18858 of 2026
                      Arising Out of PS. Case No.-932 Year-2020 Thana- TURKAULIYA District- East
                                                       Champaran
                 ======================================================
                 Rupesh Kumar @ Rupesh Yadav S/o Bahadur Rai R/o Village - Panditpur
                 Amawa Tola, P.S - Piprakothi, District - East Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms.Soni Kumari, advocate
                 For the Opposite Party/s :       Mr.Abhay Kumar Roy, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   13-05-2026                  Heard the parties.

                                2. The petitioner is in custody in connection with

                   Turkauliya P.S. Case No. 932/2020 for the offence punishable

                   under Sections 20(b) (ii) (c) 23 and 25 of the N.D.P.S. Act and

                   under Section 414, 34 of Indian Penal Code lodged on

                   29.12.2020 by the informant, Abhay Kumar.

                                3. As per the prosecution story, the informant alleged

                   that the police intercepted a Scorpio and recovered 984 gms of

                   ‘Charas’ like substance. This led to the F.I.R. and arrest of

                   Sipahi Kumar Yadav alias Rakesh Yadav and Chhote Lal

                   Kumar.

                                4. Learned counsel for the petitioner submits that

                   subsequently, the investigation took place and it was found that
Patna High Court CR. MISC. No.18858 of 2026(3) dt.13-05-2026
                                            2/4




          Vijay Kumar owns the vehicle. Upon confronting him, he

          informed that his brother-in-law, Rupesh Kumar (this petitioner)

          uses the vehicle and when it has been transferred in his name, is

          not known to him. This led the Police to move to the door-step

          of the petitioner who was subsequently arrested on 13.01.2026.

                       5. Learned counsel for the petitioner submits that he

          has no role to play in the matter and only because his brother-

          in-law has named him, got implicated. Nothing has been

          recovered from his conscious possession nor he he has criminal

          history.

                       6. The last submission is that the FSL report submitted

          by the Director, Regional Forensic Science Laboratory,

          Muzaffarpur dated 06.03.2024 has negated the substance to be

          ‘Charas’.

                       7. Learned APP opposes the prayer for bail submitting

          that he was the person who was using the vehicle.

                       8. Taking into account the aforesaid fact as also that

          the petitioner has no criminal antecedent, nothing has been

          recovered from his conscious possession and the laboratory has

          negated the presence of ‘Charas’ in its report, in that

          background, this Court is inclined to extend him the privilege of

          bail with conditions.
Patna High Court CR. MISC. No.18858 of 2026(3) dt.13-05-2026
                                            3/4




                       9. Let the petitioner be released on bail on furnishing

          bail bond of Rs. 25,000/- (Twenty-five thousand) with two

          sureties of like amount each to the satisfaction of learned

          Sessions Judge/ Special Judge, East Champaran at Motihari, in

          connection with Turkauliya P.S. Case No. 932/2020 subject to

          the following conditions:

                       (i) one of the bailor should be the family

          member/relative of the petitioner who shall provide official

          document to show his/her bona fide;

                       (ii) the petitioner shall appear on each and every date

          before the Trial Court and failure to do so for two consecutive

          dates without plausible reason will entail cancellation of his

          bail bond by the Trial Court itself;

                       (iii) the petitioner shall appear before the concerned

          police station every fortnight for six months to mark his

          attendance and after the end of the period, the certificate shall be

          submitted before the Trial Court failing which steps shall be

          taken for the cancellation of the bail bonds;

                       (iv) the petitioner shall in no way try to induce or

          promise or threat the witnesses or tamper with the evidences,

          failing which the State shall be at liberty to take steps for

          cancellation of the bail bonds;
           Patna High Court CR. MISC. No.18858 of 2026(3) dt.13-05-2026
                                                       4/4




                                  (v) the petitioner shall desist from committing any

                     criminal offence again, failing which the State shall be at liberty

                     to take steps for cancellation of his bail bonds.



                                                    (Rajiv Roy, J)
Ravi/S. Prasad

U      T


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