Patna High Court
Mithilesh PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was denied to the petitioner.
Summary
The petitioner, Mithilesh Paswan, applied for bail in a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act where 363.45 kg of ganja was seized from his truck. He contended that he was not present at the seizure, had no incriminating article in his possession and was falsely implicated merely as the vehicle’s owner. The State opposed bail, emphasizing that the petitioner is named in the FIR and the large quantity of contraband was recovered from his registered vehicle. The Court, considering the gravity of the offence and the recovery of a huge quantity of narcotics from the petitioner’s truck, rejected the bail application. It directed the trial court to expedite the trial and conclude it within a year of receiving this order.
Issues considered
- Whether bail should be granted to the petitioner under the NDPS Act given the recovery of a large quantity of narcotics from his registered truck
- Whether the petitioner’s ownership of the vehicle suffices to justify continued detention pending trial
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)(C), 23(c), 27(A), 29
Subjects
- bail
- NDPS Act
- drug trafficking
- vehicle ownership
- large quantity of narcotics
- trial expeditious
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4967 of 2026
Arising Out of PS. Case No.-446 Year-2021 Thana- BIDUPUR District- Vaishali
======================================================
Mithilesh Paswan S/O Late Umesh Paswan Resident of village- Daudnagar,
P.S.- Bidupur, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Vijay Kumar Sinha, Advocate
For the State : Mr. Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 16-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 20(b)(ii)(C), 27(A), 23(c) and
29 of the N.D.P.S. Act.
3. As per prosecution case, 363.45 Kgs of Ganja was
recovered from truck of this petitioner.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has committed no offence.
Petitioner has falsely been implicated in this case merely
because he happens to be owner of the truck from which the
contraband was recovered. Petitioner was not present at the spot
and no incriminating article has been recovered from possession
Patna High Court CR. MISC. No.4967 of 2026(2) dt.16-02-2026
2/2
of this petitioner. Moreover, charge-sheet has already been
submitted and petitioner, having no criminal antecedents, is in
custody since 12.11.2024.
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of bail to the petitioner
and submitted that petitioner is named in the F.I.R. and huge
quantity of Ganja was recovered from the seized truck of which
this petitioner is registered owner.
6. Considering the facts and circumstances of the
case, recovery of huge quantity of contraband from the truck of
which this petitioner is registered owner and gravity of offence,
the prayer for grant of bail to the petitioner is rejected.
7. However, considering the fact that petitioner is in
custody since 12.11.2024, the learned trial court is directed to
expedite the trial and conclude the same, preferably within a
period of one year from the date of receipt/production of a copy
of this order.
(Prabhat Kumar Singh, J)
shashank/-
U T
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