Patna High Court
Rajesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The petitioner is entitled to regular bail under the NDPS Act.
Summary
The petitioner, Rajesh Kumar, was arrested after 8.350 kg of ganja-like substance was recovered from a car he owned, which he had lent to a co-accused. He claimed innocence, arguing that the FIR was lodged against unknown persons and he had no knowledge of the drugs, as the driver fled at the time of seizure. The petitioner highlighted that he had no prior criminal record, the quantity seized was more than a small amount but less than a commercial quantity, and a charge‑sheet had already been filed. The Additional Public Prosecutor opposed bail, but the court considered the lack of culpable knowledge, the petitioner’s clean record, and the nature of the quantity. Consequently, the court ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the owner of a vehicle, who had lent it to another person, can be denied bail under Sections 20 and 22 of the NDPS Act despite lack of knowledge of the contraband
- Whether the quantity of 8.350 kg, being more than a small quantity but less than a commercial quantity, justifies denial of regular bail
Legislation cited
Subjects
- bail
- NDPS Act
- possession of narcotics
- vehicle ownership
- false implication
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87415 of 2025
Arising Out of PS. Case No.-97 Year-2025 Thana- MANIGACHI District- Darbhanga
======================================================
Rajesh Kumar S/O Ramchandra Mehta R/O Village- Vishanpur Tola,
Dahupatti, Police Station- Bhaptiyahi, District- Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bidhanesh Misra, Advocate
For the Opposite Party/s : Mr.Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in Manigachhi P.S.
Case No. 97 of 2025 dated 10-07-2025, registered under
Sections 20 and 22 of the Narcotic Drugs and Psychotropic
Substances Act, 1985.
3. The allegation is of recovery of 8.350 kg of ganja-
like substance, kept in four rectangular transparent packets
beneath the seat of a car bearing Registration No. BR-50-AG-
2173.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
Patna High Court CR. MISC. No.87415 of 2025(3) dt.11-02-2026
2/3
present case. It is further submitted that the FIR has been lodged
against unknown persons and the petitioner has been arrested
during the course of investigation merely on the ground that he
is the owner of the seized vehicle. It is further contended that at
the time of seizure of the said car, the driver had fled away from
the place of occurrence. As a matter of fact, the petitioner had
lent the vehicle to the co-accused Nitish Kumar and the
petitioner had no knowledge that any ganja-like substance was
kept in the said car. It is also submitted that the seized ganja-like
substance is more than the small quantity but less than the
commercial quantity. Lastly, it is submitted that the petitioner
has been in custody since 14.09.2025 and has no criminal
antecedents. It is submitted that the charge-sheet has already
been submitted in the present case.
5. Learned Additional Public Prosecutor for the State
has opposed the prayer.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the learned Additional Sessions Judge
XI-cum- Special Judge, NDPS Darbhanga, in connection with
Patna High Court CR. MISC. No.87415 of 2025(3) dt.11-02-2026
3/3
Manigachhi P.S. Case No. 97 of 2025.
7. The application stands allowed.
(Khatim Reza, J)
shyambihari/-
U
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