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Patna High Court

Ratnesh Kumar MishraversusThe Union of India

Decided
Disposal
ALLOWED

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

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
                                            2/4




          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
                                            3/4




          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
                 Patna High Court CR. MISC. No.57206 of 2025(6) dt.22-01-2026
                                                             4/4




                           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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