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2026 Supreme(Online)(Pat) 3280

PATNA HIGH COURT
KHATIM REZA, J
Rajesh Kumar – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.87415 of 2025



Advocates:
For the Appellants/Petitioners:Mr.Bidhanesh Misra, Advocate
For the Respondents: Mr.Manoj Kumar, APP

Bail granted based on absence of criminal history and the circumstances of the case surrounding drug possession.

Headnote:The petitioner seeks regular bail in a Narcotics case where recovery of a ganja-like substance was made from a vehicle owned by him. The court finds the argument that the petitioner was falsely implicated and lacked knowledge of the substance credible, supported by his lack of criminal antecedents and custody since 14.09.2025. The petitioner is allowed bail on furnishing bonds. The relevant statutory provisions include Sections 20 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

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 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 Manigachhi P.S. Case No. 97 of 2025.

7. The application stands allowed.

(Khatim Reza, J)

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