Mithilesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4967 of 2026 Arising Out of PS. Case No.-446 Year-2021 Thana- BIDUPUR District- Vaishali ====================================================== Mithilesh Paswan S/O Late Umesh Paswan Resident of village- Daudnagar, P.S.- Bidupur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Vijay Kumar Sinha, Advocate For the State :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-02-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 20(b)(ii)(C), 27(A), 23(c) and 29 of the N.D.P.S. Act.

3. As per prosecution case, 363.45 Kgs of Ganja was recovered from truck of this petitioner.

4. Learned counsel for the petitioner submits that petitioner is quite innocent and has committed no offence. Petitioner has falsely been implicated in this case merely because he happens to be owner of the truck from which the contraband was recovered. Petitioner was not present at the spot and no incriminating article has been recovered from possession

Patna High Court CR. MISC. No.4967 of 2026(2) dt.16-02-2026 2/2 of this petitioner. Moreover, charge-sheet has already been submitted and petitioner, having no criminal antecedents, is in custody since 12.11.2024.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner and submitted that petitioner is named in the F.I.R. and huge quantity of Ganja was recovered from the seized truck of which this petitioner is registered owner.

6. Considering the facts and circumstances of the case, recovery of huge quantity of contraband from the truck of which this petitioner is registered owner and gravity of offence, the prayer for grant of bail to the petitioner is rejected.

7. However, considering the fact that petitioner is in custody since 12.11.2024, the learned trial court is directed to expedite the trial and conclude the same, preferably within a period of one year from the date of receipt/production of a copy of this order.

(Prabhat Kumar Singh, J) shashank/- U T