Patna High Court
Bhaibhav Kumar Mishra @ Bhibhav Kumar @ Bibhav Kumar MishraversusThe Union of India through the Assistant Commissioner, Customs (Prev.) Division, Motihari
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied regular bail to the petitioner.
Summary
The petitioner, Bhaibhav Kumar Mishra, sought regular bail in an NDNDPS case where 65 kg of ganja was seized from a vehicle registered in his name. He claimed the vehicle had been sold in 2013 to Kuraish Tiwari, but the registration was not updated, asserting his innocence. The Customs opposed bail, stating that the alleged buyer denied the petitioner's contention. The court considered the large quantity of drugs recovered and the ownership dispute, and found the circumstances insufficient to merit regular bail. Consequently, the bail application was rejected.
Issues considered
- Whether regular bail should be granted to the accused under the NDPS Act in view of the seizure of 65 kg of ganja and the disputed ownership of the vehicle.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20, 23, 29
Subjects
- regular bail
- NDPS Act
- drug seizure
- ownership dispute
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91189 of 2025
Arising Out of PS. Case No.-30 Year-2013 Thana- GOVERNMENT OFFICIAL COMP.
District- East Champaran
======================================================
Bhaibhav Kumar Mishra @ Bhibhav Kumar @ Bibhav Kumar Mishra S/o
Madan Mishra R/o Village - Chapra Bahas, P.S - Sugauli, District - East
Champaran
... ... Petitioner/s
Versus
The Union of India through the Assistant Commissioner, Customs (Prev.)
Division, Motihari Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar Mishra
For the Opposite Party/s : Mr.Dr. K.N. Singh (A.S.G.)
For the Customs : Mr. Amit Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 26-03-2026 Heard the learned counsel for the petitioner and
learned counsel for the Customs.
2. The petitioner seeks regular bail in connection with
NDPS Case No. 30 of 2013 arising out of Special Case No. 18
of 2012-13 registered for the offence under Sections 20, 23 and
29 of the NDPS Act.
3. As per the prosecution case, 65 kg of Ganja was
recovered from a vehicle of which the petitioner is the registered
owner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 26.09.2025. He further submits
Patna High Court CR. MISC. No.91189 of 2025(5) dt.26-03-2026
2/2
that the vehicle was sold to one Kuraish Tiwari in the year 2013
but in the registration certificate, ownership was not got
changed.
5. Per contra, learned counsel for the customs
vehemently opposes the bail application and submits that during
the investigation, Kuraish Tiwari has denied this contention of
the petitioner.
6. Considering the huge recovery from the vehicle
belonging to the petitioner, this Court is not inclined to grant
regular bail to the petitioner.
7. Accordingly, this application for regular bail stands
rejected.
(Sandeep Kumar, J)
Shishir/-
U T
Checking your session…