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Patna High Court

Rahul Singh @ Rahul KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        2/2




                      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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