Patna High Court

Vijay RayversusThe State of Bihar

Decided: 12 January 2026
Disposal: BAIL REJECTED
Bench: SHAILENDRA SINGH

Holding

The court denied bail, holding that the circumstances did not warrant release of the accused.

Summary

Vijay Ray, a co‑driver, was arrested when police seized a truck carrying approximately 540.6 kg of ganja‑like substance; the driver fled. Ray claims he was unaware of the narcotics, believing the cargo to be cashew nuts, and asserts his poverty. The prosecution contends that his presence in the vehicle and his attempt to flee indicate knowledge and culpability. The petitioner sought regular bail under the NDPS Act, arguing lack of knowledge and financial hardship. The court, noting the large quantity of narcotics and the appellant's attempt to escape, declined to grant bail, rejecting the petition.

Issues considered

Whether regular bail can be granted to an accused in an NDPS case involving a large quantity of narcotic substance when the accused claims lack of knowledge of the contraband.

Legislation cited

Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(c), 25, 29, 8

Subjects

bail
Narcotic Drugs and Psychotropic Substances Act
Section 8
Section 20
Section 25
Section 29
drug trafficking
criminal procedure
co‑driver
large quantity narcotics

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87045 of 2025
                       Arising Out of PS. Case No.-131 Year-2024 Thana- KALER District- Jehanabad
                 ======================================================
                 Vijay Ray S/O Rambali Ray R/O Vill.- Saidabad, Diyar, P.S- Raghopur, Dist.-
                 Vaishali



                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :       Ms. Shalini, Advocate
                                                   Mr. Santosh Kumar, Advocate
                                                   Mr. Sanjeev Kr. Sharma, Advocate
                                                   Mr. Shubendu Shekhar, Advocate
                                                   Mr. Md. Khalid Quraishi, Advocate
                 For the Opposite Party/s :        Mrs. Anita Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   12-01-2026                          Heard the parties.

                                 2. Petitioner seeks regular bail in connection with

                   NDPS. Case No. 06 of 2025 arising out of Kaler P.S. Case No.

                   131 of 2024 registered for the offences punishable under

                   Sections 8, 20(b)(ii)(c), 25 and 29 of the NDPS Act.

                                 3. As per the prosecution story, on 08.10.2024, at

                   about 2:00 a.m., the petitioner, Vijay Ray, who was serving as

                   the co-driver of the truck, was apprehended by the police during

                   patrolling with truck loaded with a large quantity of ganja-like

                   substance, while the driver of the truck managed to flee from the

                   place of occurrence.
Patna High Court CR. MISC. No.87045 of 2025(2) dt.12-01-2026
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                       4. The main submissions advanced by the petitioner’s

          counsel are that though the instant matter relates to the recovery

          of large quantity of ganja like material from a truck and the

          petitioner is alleged to be found on the truck at the time of

          recovery but he was bonafidely present in the said truck being

          co-driver having no knowledge of the seized Ganja like

          substance, the petitioner and the driver were informed by the

          transport agent that the loaded articles were cashew nuts

          considering that statement of the said agent the petitioner started

          performing his duty bonafidely, the trial of the petitioner has

          started and the charges were framed upon him on 26.06.2025

          and he is very poor person.

                       5. Learned APP appearing for the State has opposed

          the prayer for bail of the petitioner.

                       6. Considering the large quantity of Ganja like

          substance which is said to be 540.610 Kg and admittedly the

          petitioner was found present in the alleged truck though he has

          taken the plea that he was present in that truck bonafidely

          without having any knowledge of the seized Ganja but upon

          seeing the police he tried to escape and he was apprehended by

          the police on chase and the said conduct goes against the

          petitioner, this Court is not inclined to release the petitioner on
           Patna High Court CR. MISC. No.87045 of 2025(2) dt.12-01-2026
                                                       3/3




                     bail. Accordingly, his prayer stands rejected.



                                               (Shailendra Singh, J)
maynaz/-

U     T

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