Patna High Court
Rakesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to the conditions specified under Section 480(3) of the B.N.S.S. and the court’s directions.
Summary
The petitioner, Rakesh Kumar, was arrested along with three others when a police raid recovered 12.635 kg of ganja from a car. He contended that he was merely a co‑passenger, had no ownership or control over the contraband, and possessed a clean antecedent. The prosecution charged him under Sections 8, 20(b)(ii)(B) and 25 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The court examined the petitioner’s claim, the fact that the charge sheet had already been filed, and the length of his custody since 26‑07‑2025. Considering his clean record, the circumstances of his alleged involvement, and the statutory provisions, the court ordered his release on bail with a bond of Rs 10,000 and two sureties, subject to conditions under Section 480(3) of the B.N.S.S. and additional personal surety requirements.
Issues considered
- Whether bail can be granted to an accused charged under Sections 8, 20(b)(ii)(B) and 25 of the NDPS Act when he claims to be only a co‑passenger.
- Whether the petitioner’s clean antecedent and the filing of the charge sheet justify bail despite the seizure of a large quantity of narcotics.
Legislation cited
- B.N.S.S. — s. 480(3)
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(B), 25, 8
Subjects
- bail
- NDPS Act
- narcotics seizure
- co‑passenger defence
- clean antecedent
- Section 480(3)
- B.N.S.S.
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75783 of 2025
Arising Out of PS. Case No.-116 Year-2025 Thana- BALIA BELON District- Katihar
======================================================
Rakesh Kumar S/O Nand Lal Mandal R/o-Bhitta Tola, P.S.- Chausa, Dist-
Madhepura, 853204, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vishal Vikram Rana, Advocate
Mrs. Misha Bharti, Advocate
For the Opposite Party/s : Mr.Umanath Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Balia Belon P.S. Case No. 116 of 2025
registered for the alleged offences under Sections 8 & 20(b)(ii)
(B)/25 of N.D.P.S. Act.
03. As per prosecution case, the petitioner and
three other co-accused persons were apprehended travelling in a
car from which recovery of 12.635 kg of Ganja was made.
04. Learned counsel for the petitioner submits that
the petitioner has no concern with the seized contraband and he
is innocent. There is no allegation against the petitioner. The
Patna High Court CR. MISC. No.75783 of 2025(3) dt.21-01-2026
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vehicle in which recovery is said to be made does not belong to
the petitioner. The petitioner is merely a co-passenger of the
vehicle. The petitioner is having clean antecedent and he is in
custody since 26.07.2025. The charge sheet has been submitted.
05. Learned APP opposes the submission made on
behalf of the petitioner.
06. Having regard to the facts and circumstances
and submissions made on behalf of the parties and considering
the period of custody of the petitioner, his clean antecedent and
submission of charge sheet, the petitioner above named is
directed to be released on bail on furnishing bail bonds of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Sessions Judge -cum- Special
Judge, NDPS Act, Katihar/concerned Court in connection with
Balia Belon P.S. Case No. 116 of 2025 having Special N.D.P.S.
Case No. 109 of 2025, subject to the conditions mentioned in
Section 480(3) of B.N.S.S. and also the following conditions :
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present
on each and every date fixed by the
court below.
Patna High Court CR. MISC. No.75783 of 2025(3) dt.21-01-2026
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(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
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