Patna High Court
Brajesh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that the petitioner is entitled to regular bail.
Summary
Brajesh Kumar Singh, the driver‑cum‑owner of a tempo, was arrested with 58.80 litres of syrup containing codeine phosphate and triprolidine hydrochloride, alleged to be in possession of narcotics under Sections 8(c), 20, 21(c) and 29 of the NDPS Act. He contended that the passengers, Rahul Sah and Kargil Kumar, were carrying the substances without his knowledge and that a driver is not required to inquire into the nature of goods carried by passengers. The petitioner, in custody since 14 February 2026, claimed a clean antecedent and sought regular bail. The State opposed the bail application. The High Court, after considering the facts and submissions, allowed the regular bail, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties of the same amount, and clarified that its observations were prima facie and not on the merits of the case.
Issues considered
- Whether a driver‑cum‑owner can be held liable for possession of narcotics found in his vehicle under the NDPS Act.
- Whether regular bail can be granted in an NDPS case involving alleged possession of narcotic substances.
- Whether the petitioner’s claim of lack of knowledge and clean antecedent justifies the grant of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20, 21(c), 29, 8(c)
Subjects
- NDPS Act
- regular bail
- possession
- driver liability
- narcotic substances
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40533 of 2026
Arising Out of PS. Case No.-84 Year-2026 Thana- BALIYA District- Begusarai
======================================================
Brajesh Kumar Singh S/o Late Naval Kishore Pd. Singh @ Nawal Kishore
Singh R/o Village - Sadanandpur, P.S. - Ballia, Dist. - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shubhesh Pandey
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 25-06-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
NDPS Case No. 18 of 2026 arising out of Ballia P.S. Case No.
84 of 2026 registered for the offence under Section(s) 8(c), 20,
21(c) and 29 of the NDPS Act.
3. As per the FIR, the allegation against the petitioner
and the co-accused is that they were apprehended at the spot
while being in possession of 58.80 litres of syrup containing
Codeine Phosphate and Triprolidine Hydrochloride. The
petitioner is the driver-cum-owner of the tempo from which the
recovery was made.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Patna High Court CR. MISC. No.40533 of 2026(3) dt.25-06-2026
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Petitioner is in custody since 14.02.2026 and claims clean
antecedent. It is further submitted that the passengers, namely
Rahul Sah and Kargil Kumar, were carrying the narcotic
substances without the knowledge of the petitioner. He also
submits that the driver-cum-owner is not required to inquire
about the goods being carried by the passengers.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances
of the case and the submissions advanced on behalf of the
petitioner, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, 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 the learned Court below where the case is
pending/successor Court in connection with NDPS Case No. 18
of 2026 arising out of Ballia P.S. Case No. 84 of 2026.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
Patna High Court CR. MISC. No.40533 of 2026(3) dt.25-06-2026
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manner.
9. The Registry is directed to attach a copy of this
order with the records of Cr. Misc. No. 31401 of 2026 for better
appreciation of the bail application of the co-accused Kargil
Kumar by the coordinate Bench.
(Sandeep Kumar, J)
Shishir/-
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