Laxman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4580 of 2026 Arising Out of PS. Case No.-232 Year-2021 Thana- SAKRI District- Madhubani ====================================================== Laxman Kumar, aged about 35 years, Male, S/O Saroj Singh, resident of Mohala - Sonada Habibpur, P.S- Khurja Nagar, Distt.- Buland Sahar (U.P) ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rang Nath Choubey, Advocate For the Opposite Party/s :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 13-07-2026 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner is in custody in a case registered for the offence punishable under Sections 420 and 414/34 of the Indian Penal Code and Sections 20(b)(ii)(c) and 22 of the NDPS Act.

3. As per allegation in the FIR, it is a case of recovery of 708 kg ganja from a truck bearing registration no.HR-38Z3263 and petitioner is the driver of the said truck.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. He next submits that the petitioner has not been arrested at the spot nor anything has been recovered from the possession of the petitioner or his house and he had no knowledge about the said truck and seized ganja. Petitioner has got clean antecedent as stated in para-3 of the petition and he is in custody since 02.04.2025.

Patna High Court CR. MISC. No.4580 of 2026(7) dt.13-07-2026 2/2

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the huge quantity of ganja has been recovered from a truck and the petitioner is the driver of the said truck.

6. On perusal of the first information report, case diary and impugned order dated 02.07.2025, it appears that 708 kg ganja was recovered from a truck and the petitioner is driver of the said truck and he was fled away from the spot and the Khalashi of the said truck was arrested at the spot and his name transpired on the basis of arrested Khalashi and from perusal of para-130, 138, 142 of the case diary, it appears that the process under Section 82 Cr.P.C. has already been issued against the petitioner and in paras 196 and 197 of the case diary as stated by the owner of truck, namely, Deepak Sharma that the petitioner is the driver of the said truck (bearing Registration no. HR38Z3263), considering which, I am not inclined to grant regular bail to the petitioner.

7. Accordingly, the prayer for regular bail of the petitioner is hereby rejected.

Brajesh Kumar/- (Ramesh Chand Malviya, J) U T