Patna High Court
Ratnesh Kumar MishraversusThe Union of India
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the petitioner was not in possession of or had knowledge of the contravening narcotics and therefore granted bail.
Summary
The petitioner, Ratnesh Kumar Mishra, was arrested after 2 kg of heroin was seized from his vehicle during a police operation. He contended that he was merely the driver and had no knowledge of the contraband hidden beneath the rear seat where another accused was seated. The prosecution argued that the vehicle belonged to the petitioner and the quantity seized constituted a commercial amount, justifying denial of bail. The court examined the facts, noting the lack of possession and animus, the petitioner’s clean record, and the absence of any contraband recovered from his direct control. Concluding that the petitioner could not be presumed to have knowledge or control over the drugs, the court granted bail on condition of a bond and sureties.
Issues considered
- Whether the petitioner, as driver of the vehicle, can be deemed to have knowledge and possession of the heroin seized.
- Whether the quantity of heroin recovered, being commercial, precludes the grant of bail to the petitioner.
- Whether the petitioner’s clean criminal antecedent and the circumstances of recovery justify bail under the NDPS Act.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 — s. 21(c), 25, 25A, 29, 67, 8(c), 9A
Subjects
- NDPS Act
- bail
- possession
- knowledge
- drug trafficking
- commercial quantity
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57206 of 2025
Arising Out of PS. Case No.-12 Year-2024 Thana- N.C.B (GOVERNMENT OFFICIAL)
District- Patna
======================================================
Ratnesh Kumar Mishra, S/o- Tarkeshwar Prasad Mishra, R/o Village- Bihari,
Ward No- 11, P.S.- Bhagwanpur, District-Vaishali
... ... Petitioner/s
Versus
The Union of India New Delhi
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Y.C. Verma, Sr. Advocate
Mr. Adarsh Singh, Advocate
For the Opposite Party/s : Mrs. Shail Kumari, C.G.C.
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
CAV ORDER
6 22-01-2026 Heard learned counsel for the petitioner and learned
counsel for the U.O.I.
2. The petitioner has prayed for bail in connection
with NCB Case No. PZU/V/12/2024, NDPS G.R. Case No. 118
of 2024 registered for the offence punishable under Sections
8(c), 9A, 21(c), 25, 25A and 29 of the N.D.P.S. Act.
3. The case of the prosecution, in short, is that on
12.12.2024, 2 Kg of heroin was seized from a Tata Punch car
bearing Registration No. BR 06 DH 1768 and two individuals
Ratnesh Kumar Mishra, the petitioner and Dharmveer Kumar
Pandey were apprehended. After recording their statements
under Section 67 of the NDPS Act, 1985 and confirming their
involvement, they were arrested. During preliminary
Patna High Court CR. MISC. No.57206 of 2025(6) dt.22-01-2026
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investigation, it was revealed that the contraband was supplied
by Ranjeet Prasad Yadav @ Ranjeet Kumar Yadav. A follow-up
operation led to the arrest of Ranjeet and his associates Sumit
Kumar and Sarvesh Kumar Yadav. Further recovery included
945 grams of acid and three bottles of Acetyl Chloride.
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. Learned counsel for the petitioner has submitted that from
perusal of the F.I.R. it is clear that the person who was sitting on
the driving seat was identified as the petitioner, son of
Tarkeshwar Prasad Mishra whereas on the rear seat, one
Dharmveer Kumar Pandey, son of Rajeshwar Pandey was sitting
and beneath the rear seat, 20 packets of heroin were recovered.
Learned counsel for the petitioner has further submitted that on
the later part of the F.I.R., it is clear that the seizure was made at
the police station and not at the place where the vehicle was
stopped by the police team. It has further been submitted by
learned counsel for the petitioner that in the first part itself the
case of the prosecution is that 20 packets of heroin were found
whereas seizure was done in police station. It has further been
submitted that petitioner is the owner and driver of the vehicle.
Patna High Court CR. MISC. No.57206 of 2025(6) dt.22-01-2026
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He was not having any knowledge regarding the contraband and
the contraband was also not recovered from him rather it was
recovered beneath the rear seat where Dharmveer Kumar
Pandey was sitting. It has further been submitted for possession
animus and corpus both things are necessary. Since the
petitioner was on driving seat, it cannot be presumed that he was
having knowledge as to what was kept beneath the rear seat
where other man Dharmveer Kumar Pandey was sitting. It has
also been submitted that the petitioner is having no criminal
criminal antecedent and the manner of the recovery shows that
nothing was recovered from his possession. He is languishing in
judicial custody since 13.12.2024.
5. Learned counsel appearing for the U.O.I. has
vehemently opposed the application for bail and has submitted
that 2 Kg of heroin has been recovered from the car which is
owned by the petitioner which is more than commercial
quantity.
6. As the recovery has been made beneath the rear
seat where Dharmveer Kumar Pandey was sitting, it cannot be
said that the petitioner was having knowledge regarding the
contraband, as such, the question of quantity does not arise.
7. Having heard learned counsel for the parties and
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and considering the facts and circumstances of the case, this
Court is inclined to enlarge the petitioner on bail, 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/Special Judge, East Champaran at Motihari in
connection with NCB Case No. PZU/V/12/2024, NDPS G.R.
Case No. 118 of 2024.
(Ashok Kumar Pandey, J)
lata/-
AFR/NAFR NAFR
CAV DATE 17.01.2026
Uploading Date 22.01.2026
Transmission Date 22.01.2026
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