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IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3357 of 2026

Arising Out of PS. Case No.-304 Year-2025 Thana- MOTIPUR District- Muzaffarpur

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Rahul Kumar son of Prem Kumar Singh Resident Of Village- Birpur P.s

-Kanti District -Muzaffarpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate

Mrs.Vaishnavi Singh, Advocate

Mr. Ritwik Thakur, Advocate

For the Opposite Party/s : Mr.Tarkeshwar Nath Thakur, APP

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA

ORAL ORDER

2 28-01-2026 Heard learned counsel for the petitioner and learned

APP for the State.

02. In the present case, the petitioner seeks bail in

connection with Motipur P.S. Case No. 304 of 2025 registered

for the alleged offences under Section 317(5) of BNS and

Sections 8, 20(b)(ii)(C) of NDPS Act.

03. As per prosecution case, the informant received

secret information about transportation of ganja in a Tata Safari

vehicle. The checking of vehicles are started and driver of the

identified vehicle stopped the vehicle before the place where the

checking was being conducted and the driver and two other

persons tried to flee away. The driver and two others were

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apprehended. On search of vehicle, recovery of 21 kg of ganja

was made from a hidden box under the dashboard. Recovery of

mobile phones were also made from the apprehended co-

accused persons. The apprehended co-accused persons named

the petitioner as the recipient to whom they were supposed to

supply ganja.

04. Learned counsel for the petitioner submits that the

petitioner is innocent and has been falsely implicated in this

case. The name of the petitioner transpired in the confessional

statement of co-accused persons which has got no legal sanctity.

The petitioner has no concern with the apprehended co-accused

persons or with the vehicle seized in this case. No FSL report

has been submitted along with the charge sheet to show that the

seized article was ganja. Learned counsel further submits that

the submission of charge sheet without FSL report shows a

perfunctory charge sheet and on this ground, the Hon'ble

Supreme Court and Co-ordinate Bench of this Court in a

number of cases have enlarged the accused persons on bail. The

petitioner is having clean antecedent and he is in custody since

23.08.2025.

05. Learned APP opposes the submission made on

behalf of the petitioner. Learned APP submits that the recovery

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of commercial quantity of ganja has been made from the vehicle

in which the co-accused persons have been travelling.

06. Having regard to the facts and circumstances and

submissions made on behalf of the parties and considering the

fact that no recovery has been shown from the petitioner and

further considering the doubt over the involvement of the

petitioner in the whole occurrence and also considering the

period of custody of the petitioner, his clean antecedent and

submission of charge sheet, the petitioner above named is

directed to be released on bail on furnishing bail bonds of Rs.

10,000/- (Ten Thousand) with two sureties of the like amount

each to the satisfaction of learned Exclusive Special Court-I

(NDPS), Muzaffarpur/concerned Court in connection with

NDPS Case No. 158 of 2025, arising out of Motipur P.S. Case

No. 304 of 2025, subject to the conditions mentioned in Section

480(3) of B.N.S.S. and also the following conditions :

(i) One of the bailors will be a close relative

of the petitioner.

(ii) The petitioner will remain present

on each and every date fixed by the court

below.

(iii) In case of absence on three consecutive

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dates or in violation of the terms of the bail,

the bail bond of the