Patna High Court
Shiv Kumar @ Shivjee KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioner is entitled to bail in view of his minimal role and lack of knowledge of the contraband.
Summary
The petitioner, Shiv Kumar, was arrested as the driver of a car from which 6.29 kg of ganja was seized, while an additional 86.38 kg was recovered from a tractor. He was charged under Sections 8, 20(B)(ii)(c), 25 and 29 of the NDPS Act. The petitioner contended that he had no knowledge of the contraband, was merely a driver, and had no criminal antecedent, having been in judicial custody since 17‑12‑2025. The State opposed bail, arguing the seriousness of the offence. After hearing both sides, the Court considered the petitioner’s low‑level role, lack of knowledge, and the absence of a link between the tractor and the car, and decided to grant bail on a bond of Rs.10,000 with two sureties. The order directs the petitioner to appear before the Sessions Judge with the bail bond.
Issues considered
- Whether a driver accused under the NDPS Act can be granted bail despite the large quantity of narcotics seized
- Whether the petitioner’s alleged lack of knowledge and low‑level involvement justify bail under the NDPS Act
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(B)(ii)(c), 25, 29, 8
Subjects
- NDPS Act
- bail
- drug trafficking
- driver liability
- criminal procedure
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5002 of 2026
Arising Out of PS. Case No.-551 Year-2025 Thana- DEHRI TOWN District- Rohtas
======================================================
Shiv Kumar @ Shivjee Kumar, S/O Krishna Singh @ Krishna Yadav, R/O
Village- Moresarai, P.S- Shiv Sagar, Distt.- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Dehri (Town) P.S. Case No.551 of 2025 registered for the
offence punishable under Sections 8, 20(B)(ii)(c), 25 and 29 of
NDPS Act.
3. The case of the prosecution, in short, is that
altogether 86.38 Kg. ganja was recovered from a tractor and
before that tractor a car was going and from that car, altogether
6.29 kg. ganja was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He is only the driver of the said car. He was having no
Patna High Court CR. MISC. No.5002 of 2026(2) dt.04-02-2026
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knowledge regarding the contraband kept in the car. It has
further been submitted that there is no connection between the
tractor and the car. It has also been submitted that four persons
were sitting in that car. Petitioner is having no criminal
antecedent and he is languishing in judicial custody since
17.12.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Sessions Judge, Rohtas at Sasaram in connection with Dehri
(Town) P.S. Case No. 551 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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