Patna High Court
Vidhi SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that, given the petitioner's clean antecedents and lack of knowledge of the contraband, anticipatory bail should be granted subject to conditions.
Summary
Vidhi Singh, the owner of a truck from which 1 kg of doda was seized in Gaya, Bihar, applied for anticipatory bail under Sections 8 and 20(b)(ii)(c) of the NDPS Act. The prosecution alleged his involvement, while the petitioner claimed he was unaware of the drug being carried and that the vehicle was driven by his driver. The court noted his clean antecedents and the lack of direct participation in the offence. Considering these facts, the court allowed the anticipatory bail application. The bail was conditioned on a Rs.10,000 bond with two sureties, monthly attendance at the Punjab police station, regular trial participation, and verification of his clean record.
Issues considered
- Whether the petitioner, as the owner of the vehicle, is liable for the possession of doda under the NDPS Act.
- Whether anticipatory bail should be granted given the petitioner's alleged lack of knowledge and clean antecedents.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(c), 8
Subjects
- anticipatory bail
- NDPS Act
- drug possession
- vehicle ownership
- clean antecedents
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6991 of 2025
Arising Out of PS. Case No.-288 Year-2024 Thana- BARACHATTI District- Gaya
======================================================
Vidhi Singh S/o- Nirmal Singh Village- Chunni Khurd Tehsil Bassi Pathana
Ps- Badaliala Singh Dist- Fatehgarh Sahib Punjab
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhay Kumar Singh
For the Opposite Party/s : Mr. Arun Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 20-02-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Barachatti P.S. Case No. 288 of 2024 registered for offences
under Sections 8, 20(b)(ii)(c) of the NDPS Act.
3. As per the prosecution case, the petitioner is the
owner of the truck in question from which 1 Kg Doda has been
recovered.
4. Learned counsel for the petitioner submits that the
petitioner is quite innocent and has not committed any offence.
He further submits that the truck was being driven by the driver,
and the petitioner was unaware that doda was being carried
therein. He also submits that the petitioner resides in Punjab,
whereas the Doda was recovered in the District of Gaya, Bihar.
Patna High Court CR. MISC. No.6991 of 2025(4) dt.20-02-2026
2/3
The petitioner has clean antecedents.
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. Considering the above facts and circumstances of
the case, this application for anticipatory bail stands allowed.
7. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of
the like amount each to the satisfaction of learned concerned
Court below, Gaya in connection with Barachatti P.S. Case No.
288 of 2024 subject to the conditions as laid down under
Section 482(2) of the BNSS and with further conditions that:-
(i). The petitioner will mark his
attendance at the Badali Ala Singh, Police
Station District Fatehgarh Sahib, Punjab on
the first Sunday of each month. Any default
in appearance at the Police Station would
result in cancellation of bail bond of the
petitioner.
(ii). The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner.
(iii) At the time of accepting the
bail bonds of the petitioner, the Court below
shall verify the fact whether the petitioner
Patna High Court CR. MISC. No.6991 of 2025(4) dt.20-02-2026
3/3
has clean antecedent or not. If it is found
that the petitioner has clean antecedent then
only his bail bonds shall be accepted by the
Court below.
(iv). However, it is made clear that
the acceptance of bail bonds in terms of the
above-mentioned order shall not be delayed
for purpose of or in the name of verification.
8. Let a copy of this order be communicated to the
Senior Superintendent of Police, Fatehgarh Sahib, Punjab
through FAX for its compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
Checking your session…