Patna High Court
Bisheshwar SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted regular bail to the petitioner subject to conditions.
Summary
The petitioner, Bisheshwar Sharma, owner‑driver of a tempo, was arrested in connection with a case of illicit ganja recovered from two passengers. He was charged under Sections 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 8(c), 20(B)(ii)(C), 25 and 29 of the Indian Penal Code. The petitioner claimed innocence, a clean antecedent, and argued that a driver is not required to inquire about the goods carried by passengers. The State opposed bail. Considering the recovery of the narcotics from the passengers, the petitioner's clean record and the length of custody, the Court allowed the bail application, directing a bond of Rs.10,000 with two sureties and imposing attendance and cooperation conditions.
Issues considered
- Whether the owner‑driver of a tempo can be held liable for possession of illicit ganja recovered from passengers
- Whether bail should be granted to the petitioner given the nature of the offences and the circumstances of custody
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 61(2)
- Indian Penal Code — s. 20(B)(ii)(C), 25, 29, 8(c)
Subjects
- bail
- drug offence
- possession
- driver liability
- criminal procedure
- Indian Penal Code
- Bharatiya Nyaya Sanhita
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43250 of 2026
Arising Out of PS. Case No.-20 Year-2026 Thana- RATANPUR District- Supaul
======================================================
Bisheshwar Sharma S/o Late Madhu Sharma R/o Village - Dumri, Ward No.
2, P.S - Karjain, District - Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nawaz Shareef
For the Opposite Party/s : Mr. Pradeep Narain Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 03-07-2026 Heard the learned counsel for the petitioner and
learned APP for the State. A supplementary affidavit has been
filed and the same is taken on record.
2. The petitioner seeks regular bail in connection with
Ratanpura P.S. Case No. 20 of 2026 registered for the offence
under Section(s) 61(2) and 3(5) of the Bharatiya Nyaya Sanhita,
2023 and Section 8(c), 20(B)(ii)(C), 25 and 29 of the Indian
Penal Code.
3. As per the prosecution case, there is recovery of 38
Kg of illicit ganja from Bishundeo Chaudhary and Binod Sah,
who was travelling in the tempo.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence. The
petitioner is in custody since 22.02.2026 and claims a clean
Patna High Court CR. MISC. No.43250 of 2026(2) dt.03-07-2026
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antecedent. He further submits that the petitioner is the owner-
cum-driver of the tempo in question and is not involved in the
crime. He also submits that the owner-cum-driver 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 fact that the alleged ganja was
recovered from the aforesaid two persons, the petitioner being
the driver-cum-owner of the tempo, the clean antecedents of the
petitioner and the period of custody, this application for 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 Ratanpura P.S. Case
No. 20 of 2026 subject to conditions that:-
(i). The petitioner will mark his
attendance at the Karjain Police Station on
the first Sunday of each month. Any default
in appearance at the Police Station would
result in cancellation of bail bond of the
petitioner.
(ii) The petitioner shall appear in
Patna High Court CR. MISC. No.43250 of 2026(2) dt.03-07-2026
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the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner.
8. The grant of bail to the petitioner shall not be
claimed as a matter of parity by the aforesaid two accused
persons for the grant of bail.
9. 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
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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