Patna High Court
Rajan Kumar @ Ranjan KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court denied bail to the petitioner.
Summary
Petitioner Rajan Kumar was arrested as a passenger in a Santro car from which police recovered 73.556 kg of ganja, a commercial quantity, leading to charges under Sections 8, 20(B)(ii)(C), 25 and 29 of the NDPS Act. The petitioner claimed innocence and sought regular bail, arguing he was merely a passenger. The court examined the seriousness of the offence, the commercial quantity of the narcotics, and the statutory presumption against bail in such cases. Considering these factors, the court found no merit in granting bail. Consequently, the application for regular bail was rejected.
Issues considered
- Whether regular bail should be granted to an accused under the NDPS Act when the seized narcotics are in commercial quantity
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(B)(ii)(C), 25, 29, 8
Subjects
- bail
- NDPS Act
- commercial quantity
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49522 of 2025
Arising Out of PS. Case No.-644 Year-2024 Thana- DEHRI TOWN District- Rohtas
======================================================
Rajan Kumar @ Ranjan Kumar S/o Katwaru Patel @ Katwaru Singh Resident
of village- Ramnagar, Machharohatta, Bhitti, P.S.- Ram Nagar, District-
Varanasi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajani Kant Pandey
For the Opposite Party/s : Mr.Prem Kumar Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
3 05-01-2026 Heard the learned counsel for the parties.
2. This is an application for regular bail on behalf
of the petitioner for the offences alleged under Sections 8, 20(B)
(ii)(C)/25/29 of the NDPS Act, registered in connection with
Dehari Town P.S. Case No. 644 of 2024.
3. The learned counsel for the petitioner has
submitted that the petitioner is innocent and has falsely been
implicated. He was a bona fide passenger.
4. A Santro car bearing Registration No. UP53Z-4896
was intercepted by the police and 73.556 kg of ganja was
recovered therefrom which is in commercial quantity. The
petitioner and co-accused Anil Kumar Bager were arrested at
the spot.
Patna High Court CR. MISC. No.49522 of 2025(3) dt.05-01-2026
2/2
5. Considering the facts and circumstances of the case
and in view of the recovery of ganja, which was in commercial
quantity, this Court is not inclined to grant the petitioner the
privilege of bail, which is hereby rejected.
(Nawneet Kumar Pandey, J)
HR/-
U T
Checking your session…