Patna High Court
Rajendra Jha @ Rajendra Kumar JhaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court dismissed the petitioner's anticipatory bail application, holding that he is not entitled to bail.
Summary
Petitioner Rajendra Jha, father of accused Rahul Kumar Jha, sought anticipatory bail fearing arrest in a case under the Narcotic Drugs and Psychotropic Substances Act, 1985. The police, acting on secret information, arrested Rahul Kumar Jha, Pradeep Kumar and Suraj Kumar and seized 102 grams of 'smack' from Rahul's conscious possession. The vehicle used for transport was registered in the name of the petitioner, though he claims no knowledge or participation in the offence. The petitioner asserted his innocence, clean antecedents, and that he was not involved in the drug seizure. The Court considered the ownership of the vehicle and the recovery of narcotics from it, and concluded that the petitioner could be implicated under Sections 8(C), 21(b), 25 and 29 of the NDPS Act, thereby dismissing his anticipatory bail application.
Issues considered
- Whether the petitioner, as the registered owner of the vehicle used to transport narcotics, is liable under the NDPS Act.
- Whether anticipatory bail is appropriate in the present circumstances.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 25, 29, 8(C)
Subjects
- NDPS Act
- anticipatory bail
- vehicle ownership
- drug possession
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8334 of 2026
Arising Out of PS. Case No.-181 Year-2025 Thana- Marnga District- Purnia
======================================================
Rajendra Jha @ Rajendra Kumar Jha S/o Yogendra Jha Resident of Village -
Basant Bihar, Ward No. 1, P.S - Maranga, District – Purnia
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Narayan Mahto, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioner and the
State.
2. Petitioner apprehends arrest in case registered for
the offences punishable under Sections 8(C), 21(b), 25, 29 of the
Narcotic Drugs and Psychotropic Substances Act, 1985.
3. On a secret information, the informant being a
Police Officer arrested co-accused Rahul Kumar Jha, Pradeep
Kumar and Suraj Kumar while travelling on a Toyota car and
recovered 102 grams of smack from the conscious possession of
the Rahul Kumar Jha. Petitioner is the father of co-accused,
Rahul Kumar Jha, from whose possession smack was recovered
and the vehicle was registered in the name of this petitioner
which was used in transporting the alleged siezed smack.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
Patna High Court CR. MISC. No.8334 of 2026(2) dt.11-02-2026
2/2
is the father Rahul Kumar Jha, one of the accused persons.
Petitioner claims clean antecedent.
5. Considering the fact that 102 grams of smack was
from the vehicle of which this petitioner is registered owner,
prayer for anticipatory bail of the petitioner is dismissed.
(Prabhat Kumar Singh, J)
Jyoti Kumari/-
U T
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