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Patna High Court

Rajan Kumar @ Ranjan KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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


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