Patna High Court
Rahul Singh @ Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court ordered that bail be granted to the petitioner upon surrender within eight weeks, subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS.
Summary
Petitioner Rahul Singh sought bail in a case under the NDPS Act where 4.79 kg of ganja was seized from a vehicle and the driver implicated him. He contended that he was neither the owner nor driver of the vehicle and that no incriminating material was found in his possession, asserting his innocence and clean antecedents. The State opposed the bail application. The court, after considering the facts, directed that if the petitioner is arrested or surrenders within eight weeks, he may be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS. The order effectively granted bail pending further trial.
Issues considered
- Whether bail should be granted to the petitioner under the NDPS Act given the circumstances of the seizure and the co-accused's statement.
- Whether the confession of the apprehended driver is sufficient to justify denial of bail.
- Whether the petitioner poses a flight risk or risk of tampering with evidence.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(B), 25, 8(c)
Subjects
- bail
- NDPS Act
- narcotics
- criminal procedure
- section 482
- confession of co-accused
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2159 of 2026
Arising Out of PS. Case No.-333 Year-2025 Thana- KARAHGAR District- Rohtas
======================================================
Rahul Singh @ Rahul Kumar S/o- Bimlesh Singh Resident of Village-
Mohania, P.S.- Kargahar, District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Kant , Advocate
For the Opposite Party/s : Mr. Pushpa Sinha 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 31-01-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 8 (c)/ 20 ( b ) ( ii ) ( B )/
25 of NDPS Act.
3 . As per prosecution case , 4.79 kg ganja was
recovered from scorpio vehicle and the driver of the said vehicle
was apprehended on the spot who disclosed the name of this
petitioner.
4. It is submitted that the petitioner is innocent and
has falsely been made accused in this case on the confessional
statement of apprehended accused persons. Petitioner is neither
owner nor driver of the seized vehicle . No incriminating
material has been recovered from the conscious possession of
Patna High Court CR. MISC. No.2159 of 2026(2) dt.31-01-2026
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the petitioner and he is no way connected with the aforesaid
recovery. Petitioner claims clean antecedent.
5 . Learned counsel for the State opposes the bail
petition .
6. Considering the facts of the case , in the event of
arrest/surrender within eight weeks from today, let the
petitioner, above named, be released on bail on furnishing bail
bond of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of the learned Sessions Judge
Rohtas at Sasaram in connection with Kargahar Police Station
Case No. 333 of 2025 , subject to the conditions laid down
under section 482 ( 2 ) of the BNSS.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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