Patna High Court
Pritam Singh @ Sumit Vijay Yadav @ Pritam YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the petitioner, being only a passenger with no possession or prior record, is entitled to regular bail.
Summary
The petitioner, Pritam Singh, was arrested in connection with a case under sections 8 and 20(b)(ii)(c) of the NDPS Act after 50.060 kg of ganja was recovered from a car. He contended that he was merely a passenger, had no knowledge of the contraband, and that the driver, Shubham, was the only person responsible. The petition highlighted his lack of criminal antecedents and his custody since 11 January 2026. The State opposed the grant of regular bail, arguing the seriousness of the offence. After hearing both sides, the court concluded that the petitioner’s role was limited to that of a passenger and, lacking any possession or prior record, he was entitled to bail, directing his release upon furnishing a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether a person merely present as a passenger in a vehicle from which narcotics are recovered is entitled to regular bail under the NDPS Act
- Whether the absence of prior criminal antecedents and lack of possession justify granting bail despite the gravity of the offence
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(c), 8
Subjects
- bail
- NDPS Act
- possession
- passenger
- contraband
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21528 of 2026
Arising Out of PS. Case No.-14 Year-2026 Thana- BAISI District- Purnia
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Pritam Singh @ Sumit Vijay Yadav @ Pritam Yadav Son of Vijay Bahadur
Yadav @ Vijay Bhadur Yadav R/o Village -Bisenpur (Patarhawa) P.S. -Mehja
District- Prayagraj Uttar Pradesh
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-04-2026 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) of NDPS Act.
3. The case of the prosecution is that from a swift car,
altogether 50.060 kgs of ganja like contraband was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
falsely been implicated in this case. Learned counsel for the
petitioner has submitted that from perusal of the FIR, it is clear
that two persons were sitting in that car one is Shubham and
this petitioner. From perusal of the FIR it is clear that Shubham
Patna High Court CR. MISC. No.21528 of 2026(2) dt.06-04-2026
2/2
is the driver of the said car and the recovery was made from rear
seat of the car and from th dickey of the car. Petitioner is merely
a passenger of that car. He has taken lift as he has gone in
marriage ceremony of his friend. He was unaware of the alleged
contraband. Nothing has been recovered from the possession of
this petitioner. A statement has been made in para-3 of this
petition that the petitioner has got no criminal antecedent.
Moreover, he is languishing in judicial custody since
11.01.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the 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
Baisi P.S. Case No. 14 of 2026 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Special Judge NDPS Act,
Purnea.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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