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Patna High Court

Ajay KumarversusThe Union of India through the Intelligence Officer, NCB, Patna Zonal Unit, Patna

Decided
Disposal
BAIL REJECTED

Holding

The court held that the petitioner is not entitled to regular bail given the seriousness of the offence and his ownership of the vehicle used for drug trafficking.

Summary

The petitioner, Ajay Kumar, owner of a truck, was arrested after a police raid recovered 750 kg of ganja in 50 packets from his vehicle. The seizure was based on secret information that led to the interception of two individuals and the truck. The petitioner applied for regular bail, contending that he was merely the owner of the vehicle and not directly involved in the drug offence. The court examined the seriousness of the offence under Sections 20(b)(II)(C), 25 and 29 of the NDPS Act and the petitioner’s connection to the large quantity of narcotics. Considering the gravity of the offence and the petitioner’s ownership of the vehicle from which the drugs were seized, the court denied bail. However, the court directed the trial court to expedite the trial and conclude it within one year from the receipt of the order.

Issues considered

  • Whether the owner of a vehicle from which a large quantity of narcotics is seized is entitled to regular bail under the NDPS Act.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • drug trafficking
  • vehicle ownership
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86861 of 2025
                   Arising Out of PS. Case No.-7 Year-2019 Thana- N.C.B (GOVERNMENT OFFICIAL)
                                                      District- Patna
                 ======================================================
                 Ajay Kumar Son of Ram Pravesh Rai Resident of Village- Usmanpur, Ps-
                 Athmalgola, Dist- patna

                                                                             ... ... Petitioner/s
                                                   Versus
                 The Union of India through the Intelligence Officer, NCB, Patna Zonal Unit,
                 Patna Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Ashok Kumar Mishra, Advocate
                 For the Opposite Party/s :    Mr. Dr. Krishna Nandan Singh (A.S.G)
                                               Ms. Shail Kumari , Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   27-01-2026                          Heard learned counsel for the petitioner and

                   learned A.P.Ps. for the State .

                                2. The petitioner seeks bail in a case registered for

                   offence under Sections 20 ( b ) (II) (C) / 25/ 29 of NDPS Act.

                                3 . As per F.I.R. on a secret information , informant

                   intercepted two persons, namely, Dinesh Yadav and Raj Kapoor

                   Ray from truck bearing Registration No. 06GD 2993 . When the

                   truck was checked, 750 kg Ganja contained in 50 packets were

                   recovered. Petitioner is owner of the alleged truck .

                                4. Considering the fact that petitioner is owner of the

                   alleged vehicle from which huge quantity of Ganja was

                   recovered and other circumstances of the case , the prayer of
            Patna High Court CR. MISC. No.86861 of 2025(2) dt.27-01-2026
                                                        2/2




                      petitioner for regular bail is rejected. However, since petitioner

                      is in custody since 07.06.2025 , learned Trial Court is directed

                      to expedite and conclude the trial, within the period of one year

                      from the date of receipt/production of copy of this order.



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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