Patna High Court
Tunu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioner is entitled to regular bail.
Summary
The petitioner, Tunu Kumar, applied for regular bail in a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act where 86.38 kg of ganja was seized from a tractor and an additional 6.29 kg from a car. He contended that he was merely a passenger in the car and not the owner or driver, and that the quantity involved, while more than a small amount, was far below a commercial quantity. He had been in judicial custody since 17‑12‑2025, while the driver of the same car had already been granted bail in a related case (Cr. Misc. No. 5002 of 2026). The State opposed bail, citing the seriousness of the offence and the large quantity seized. After hearing both sides, the court found the petitioner’s circumstances justified bail and ordered his release on a bond of Rs 10,000 with two sureties, subject to the satisfaction of the Sessions Judge.
Issues considered
- Whether a passenger in a vehicle from which narcotics were seized is eligible for regular bail under the NDPS Act despite the large quantity involved
- Whether the quantity of narcotics seized warrants denial of bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(B)(ii)(c), 25, 29, 8
Subjects
- bail
- NDPS Act
- narcotics
- regular bail
- passenger
- quantity of drugs
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7665 of 2026
Arising Out of PS. Case No.-551 Year-2025 Thana- DEHRI TOWN District- Rohtas
======================================================
Tunu Kumar S/o Ramashish Singh R/o Village- Pachpokhari, P.S.- Nokha,
District- Rohtas
... ... Petitioner/s
Versus
1. The State of Bihar
2. Chandrahash Kumar, At present posted as Police Sub Inspector, Dehri
(Town) Police Station, P.S.- Dehri (Town), District- Rohtas, Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashutosh Tripathy, Advocate
For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 8, 20(B)(ii)
(c), 25 and 29 of the NDPS Act.
3. The case of the prosecution, in short, is that
altogether 86.38 kg of ganja was recovered from a tractor and
before that tractor a car was coming and from that car 6.29 kg
ganja was recovered.
4. Learned counsel for the petitioner submits that
petitioner is neither the owner nor driver of the car rather he was
only a passenger in that car. It has further been submitted that in
Patna High Court CR. MISC. No.7665 of 2026(2) dt.12-02-2026
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any case this, this recovery is though more than small quantity
but is much less than commercial quantity. It has also been
submitted that the driver of the said car has been granted bail by
this Court in Cr. Misc. No. 5002 of 2026. The case of this
petitioner stands on better footing. Learned counsel for the
petitioner has lastly submitted that the petitioner is languishing
in judicial custody since 17.12.2025.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Dehri Town P.S. Case No. 551 of 2025 on furnishing bail bond
of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Sessions Judge,
Rohtas at Sasaram.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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