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Patna High Court

Pritam Singh @ Sumit Vijay Yadav @ Pritam YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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