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Patna High Court

Rajesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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