Patna High Court
Rangbahadur SinghversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail is denied to the petitioner.
Summary
The petitioner, Rangbahadur Singh, a khalasi (helper) in a pick‑up truck, was arrested after police recovered 119.560 kg of ganja from the vehicle. He claims he had no knowledge of the narcotics and was falsely implicated, seeking bail under sections 20(b)(ii)(c), 25 and 29 of the NDPS Act. The State and the DRI opposed bail, emphasizing that the seized quantity is commercial, the seizure was conducted before independent witnesses, and a detailed investigation has already led to a complaint in the Special NDPS Court. The court considered the seriousness of the offence, the commercial quantity involved, and the lack of any indication that the petitioner had conscious possession. Consequently, the court refused bail, though it allowed the petitioner to renew his bail prayer if substantial progress occurs in the case.
Issues considered
- Whether bail should be granted to an accused under the NDPS Act when the alleged recovery involves commercial quantity narcotics and the accused claims lack of knowledge and mere presence as a helper.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(c), 25, 29
Subjects
- bail
- NDPS Act
- commercial quantity
- narcotics seizure
- lack of knowledge
- helper
- search and seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68228 of 2025
Arising Out of PS. Case No.-27 Year-2025 Thana- D.R.I District- Patna
======================================================
Rangbahadur Singh S/o Late Mirja Singh R/o Village - Rehi, P.O - Bhanpur,
P.S - Dinara, District - Rohtas, Bihar, Pin - 802213
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Union of India New Delhi
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jitendra Kumar Giri, Adv.
For the Opposite Party/s : Mr.Narendra Kumar Singh, APP
For the DRI : Mr. Anshuman Singh, Adv.
Mr. Ranjay Kumar, Adv.
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
7 26-02-2026 Heard learned counsel for the petitioner, learned
APP for the State and learned counsel for the DRI.
2. A prayer for bail has been made on behalf of the
petitioner in connection with DRI Patna Unit P.S. Case no.27 of
2024-25 registered under sections 20(b)(ii)(c), 25 and 29 of
NDPS Act.
3. There is recovery of 119.560 Kgs. of ganja from a
pick-up truck and driver and khalasi of the said truck were
apprehended at the spot.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the present case. It is
contended that the alleged recovery was made from a secret
Patna High Court CR. MISC. No.68228 of 2025(7) dt.26-02-2026
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chamber of the pick-up truck, in which the petitioner was
merely working as a khalasi (helper). The petitioner had no
knowledge that the said vehicle was carrying any narcotic
substance. It is further submitted that no recovery has been
made from the conscious possession of the petitioner and he has
been roped in solely on account of his presence in the vehicle.
The petitioner is in custody since 12.01.2025 and undertakes to
cooperate in the case/trial.
5. The application for bail is opposed by learned
A.P.P. for the State and learned counsel for the DRI on the
ground that the alleged recovery is commercial quantity and
process of search and seizure has been done in presence of two
independent witnesses. It has also been submitted, by way of
counter affidavit, that after detailed investigation, complaint
against the petitioner and co-accused was filed in the learned
Court of Sessions Judge/Special Judge, NDPS, Patna.
6. Taking into consideration the aforesaid facts and
circumstances of the case and also considering the fact that
recovery of alleged ganja is that of commercial quantity, this
Court is not inclined to grant bail to the petitioner and the
application is rejected.
7. However, liberty is granted to the petitioner to
Patna High Court CR. MISC. No.68228 of 2025(7) dt.26-02-2026
3/3
renew his prayer for bail, in case no substantial progress is made
in the case.
(Soni Shrivastava, J)
Harsh/-
U T
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