Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner, holding that the lack of direct evidence, his clean antecedent, and prolonged pre‑trial custody warranted release on bail with conditions.
Summary
The petitioner, Rahul Kumar, was arrested in connection with a case alleging offences under Section 317(5) of the Bihar Narcotic Substances Act and Sections 8 and 20(b)(ii)(C) of the NDPS Act after 21 kg of ganja was recovered from a vehicle. Co‑accused persons named the petitioner as the intended recipient, but the petitioner argued that the confessional statements of co‑accused have no legal sanctity, no forensic laboratory report was filed, and he had no direct link to the seized contraband. The State opposed bail, emphasizing the commercial quantity of the narcotics recovered. The court noted the lack of direct evidence against the petitioner, his clean antecedent, and the prolonged custody since August 2025, and therefore granted bail subject to a bond and conditions under Section 480(3) of the B.N.S.S. and the NDPS Act. The bail order required sureties, presence on court dates, and stipulated cancellation upon non‑compliance.
Issues considered
- What is the appropriate bail disposition for an accused under Section 317(5) of the Bihar Narcotic Substances Act and Sections 8 and 20(b)(ii)(C) of the NDPS Act when the evidence against him is indirect?
- Does the absence of a forensic laboratory report and reliance on co‑accused statements preclude granting bail?
Legislation cited
- Bihar Narcotic Substances Act — s. 317(5), 480(3)
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)(C), 8
Subjects
- bail
- NDPS Act
- Bihar Narcotic Substances Act
- commercial quantity of narcotics
- confessional statement
- forensic laboratory report
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3357 of 2026
Arising Out of PS. Case No.-304 Year-2025 Thana- MOTIPUR District- Muzaffarpur
======================================================
Rahul Kumar son of Prem Kumar Singh Resident Of Village- Birpur P.s
-Kanti District -Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate
Mrs.Vaishnavi Singh, Advocate
Mr. Ritwik Thakur, Advocate
For the Opposite Party/s : Mr.Tarkeshwar Nath Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Motipur P.S. Case No. 304 of 2025 registered
for the alleged offences under Section 317(5) of BNS and
Sections 8, 20(b)(ii)(C) of NDPS Act.
03. As per prosecution case, the informant received
secret information about transportation of ganja in a Tata Safari
vehicle. The checking of vehicles are started and driver of the
identified vehicle stopped the vehicle before the place where the
checking was being conducted and the driver and two other
persons tried to flee away. The driver and two others were
Patna High Court CR. MISC. No.3357 of 2026(2) dt.28-01-2026
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apprehended. On search of vehicle, recovery of 21 kg of ganja
was made from a hidden box under the dashboard. Recovery of
mobile phones were also made from the apprehended co-
accused persons. The apprehended co-accused persons named
the petitioner as the recipient to whom they were supposed to
supply ganja.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. The name of the petitioner transpired in the confessional
statement of co-accused persons which has got no legal sanctity.
The petitioner has no concern with the apprehended co-accused
persons or with the vehicle seized in this case. No FSL report
has been submitted along with the charge sheet to show that the
seized article was ganja. Learned counsel further submits that
the submission of charge sheet without FSL report shows a
perfunctory charge sheet and on this ground, the Hon'ble
Supreme Court and Co-ordinate Bench of this Court in a
number of cases have enlarged the accused persons on bail. The
petitioner is having clean antecedent and he is in custody since
23.08.2025.
05. Learned APP opposes the submission made on
behalf of the petitioner. Learned APP submits that the recovery
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of commercial quantity of ganja has been made from the vehicle
in which the co-accused persons have been travelling.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
fact that no recovery has been shown from the petitioner and
further considering the doubt over the involvement of the
petitioner in the whole occurrence and also considering the
period of custody of the petitioner, his clean antecedent and
submission of charge sheet, the petitioner above named is
directed to be released on bail on furnishing bail bonds of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Court-I
(NDPS), Muzaffarpur/concerned Court in connection with
NDPS Case No. 158 of 2025, arising out of Motipur P.S. Case
No. 304 of 2025, subject to the conditions mentioned in Section
480(3) of B.N.S.S. and also the following conditions :
(i) One of the bailors will be a close relative
of the petitioner.
(ii) The petitioner will remain present
on each and every date fixed by the court
below.
(iii) In case of absence on three consecutive
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dates or in violation of the terms of the bail,
the bail bond of the petitioner will be liable
to be cancelled by the court concerned.
(Arun Kumar Jha, J)
DKS/-
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