Patna High Court
Gautam RaiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioner is entitled to regular bail as there is no evidence of his knowledge or participation in the NDPS offence.
Summary
The petitioner, Gautam Rai, was arrested as the driver of a vehicle intercepted by police on suspicion of transporting contraband. Police alleged that two women in the vehicle were carrying 2098.41 grams of brown sugar, while only a mobile phone was recovered from the petitioner’s possession. The petitioner pleaded innocence, claiming he had no knowledge of the contraband and that nothing was seized from him, and highlighted his clean criminal record and prolonged pre‑trial detention since 19 August 2025. The State opposed regular bail, invoking sections 8(c), 21(c), 25 and 29 of the NDPS Act. After hearing both sides, the court found insufficient evidence of the petitioner’s participation in the offence and ordered his release on regular bail upon furnishing a bond of Rs 10,000 with two sureties. The decision underscores the principle that mere involvement as a driver, without proof of knowledge or possession, does not justify denial of bail under the NDPS Act.
Issues considered
- Whether the driver of a vehicle, who claims no knowledge of contraband, is entitled to regular bail under the NDPS Act.
- Whether the seizure of contraband from co‑accused suffices to justify denial of bail to the driver.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(c), 25, 29, 8(c)
Subjects
- NDPS Act
- regular bail
- driver liability
- contraband
- possession
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91881 of 2025
Arising Out of PS. Case No.-205 Year-2025 Thana- BIHPUR District- Bhagalpur
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Gautam Rai S/O Ghutar Mandal @ Ghuran Mandal R/O Village-Satish Nagar
Pasraha, P.S-Khagaria, District-Khagaria, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Swarna Roy, Advocate
For the Opposite Party/s : Mr. Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 8(c), 21(c),
25 and 29 of the N.D.P.S. Act.
3. The case of the prosecution is that the police had
information that two ladies are carrying contraband. They are
arriving in Awadh Assam train. In a XUV-300 having Reg. No.
BR 10A C 9025 and they are proceeding towards Naugachia.
The ladies are trading in contraband. On this information, the
vehicle is being checked. The said vehicle was intercepted and
the driver of the vehicle started fleeing away but he was
apprehended and identified as the petitioner. It is further alleged
that from the possession of this petitioner, only one mobile was
Patna High Court CR. MISC. No.91881 of 2025(2) dt.28-01-2026
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recovered whereas from the possession of ladies, altogether,
2098.41 grams of brown sugar was recovered which was
concealed by the ladies in their clothes.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that the petitioner is
merely a driver of the said vehicle and he has no knowledge
regarding the said contraband. It has also been submitted that
nothing has been recovered from the possession of this
petitioner. Recovery, if any, has been made from the possession
of the ladies. A statement has been made in para-3 of this
petition that the petitioner has got no criminal antecedent.
Moreover, he is languishing in judicial custody since
19.08.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Bihpur P.S. Case No. 205 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
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each to the satisfaction of learned A.D.J.-1st, Bhagalpur.
(Ashok Kumar Pandey, J)
shubham/-
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