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Patna High Court

Mithilesh PaswanversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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