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Patna High Court

Brajesh Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                      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/-

U       T


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