Patna High Court
Rupesh Kumar @ Rupesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
- Indian Penal Code — s. 34, 414
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)(c), 23, 25
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
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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
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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;
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(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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