Patna High Court
Atmaram RaiversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- SONI SHRIVASTAVA
Holding
The court denied bail, holding that the circumstances of the seizure and the petitioner’s control of the vehicle warranted denial of bail at this stage.
Summary
The petitioner, a Nepalese national, was apprehended after a police chase while riding a motorcycle from which 10 kg of ganja was recovered. He claimed the motorcycle did not belong to him and that he had no knowledge of the narcotics concealed under the seat, arguing that mandatory provisions of the NDPS Act were not complied with and that the quantity was only intermediate. The State opposed bail, emphasizing that the seizure was made in the presence of witnesses and that the petitioner was in control of the vehicle at the time of recovery. The court considered the circumstances, including the fact that the narcotics were found on the vehicle the petitioner was riding, and found no sufficient ground to grant bail. Consequently, the bail application was rejected.
Issues considered
- Whether bail can be granted to a person arrested for possession of narcotics under Sections 8 and 20(B)(ii)(B) of the NDPS Act when the alleged contraband was found on a vehicle he was riding.
- Whether the petitioner’s lack of ownership of the motorcycle and alleged lack of knowledge of the narcotics negate the presumption of guilt for bail purposes.
- Whether the mandatory procedural provisions of the NDPS Act were complied with in the seizure.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(B)(ii)(B), 8
Subjects
- bail
- NDPS Act
- narcotics possession
- vehicle ownership
- mandatory procedural compliance
- intermediate quantity
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76068 of 2025
Arising Out of PS. Case No.-105 Year-2025 Thana- KANHAULI District- Sitamarhi
======================================================
Atmaram Rai S/o Upendra Rai Resident Of Village- Ga. Bi. Sa. Bagdah, Ward
No 5, Thana- Bagdah, District- Sarlahi (Nepal)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Jha, Advocate
For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 16-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 8, 20(B)(ii)(B) of the
N.D.P.S.
3. As per the prosecution case, on the basis of
secret information, the petitioner was chased and apprehended
along with his motorcycle. Upon search, 10 kg of ganja was
recovered from under the seat in a red foil, and a white sack
was tied to the motorcycle.
4. Learned counsel for the petitioner submits that
no doubt recovery of 10 kg of ganja like substance has been
shown from the motorcycle, which it has been alleged that the
petitioner was riding, the said motorcycle did not belong to him
and he had no knowledge of the said substance being present
under the seat of the said motorcycle. It has further been
Patna High Court CR. MISC. No.76068 of 2025(4) dt.16-02-2026
2/2
submitted that the mandatory provisions under the N.D.P.S. Act
were also not followed and the recovery is that of an
intermediate quantity of ganja. The petitioner is in custody
since 09.07.2025 with no criminal antecedent and charge-sheet
has been submitted.
5. Learned APP for the State opposed the grant of
bail considering the fact that the recovery of narcotic was made
from the motorcycle upon which the petitioner was riding, who
was chased and caught along with motorcycle and the said
seizure was made in the presence of witnesses, hence, the
petitioner does not deserve the privilege of bail.
6. Taking into consideration the facts and
circumstances and considering the fact that petitioner was
chased and arrested along with motorcycle from which
recovery of 10 ganja was made, this Court is not inclined to
grant the privilege of bail to the petitoner at this stage.
Accordingly, the prayer of the petitioner for bail is hereby
rejected in connection with Kanhauli P.S. Case No.105 of 2025.
(Soni Shrivastava, J)
anand/-
U T
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