Rajkumar Prasad Kushwaha @ Raju Kushwaha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13684 of 2026 Arising Out of PS. Case No.-88 Year-2025 Thana- INARWA District- West Champaran ====================================================== Rajkumar Prasad Kushwaha @ Raju Kushwaha, S/O Nagendra Prasad @ Nagendra Mahato @ Nagendra Prasad Kushwaha@Nagendra Kushwaha@Nagindra Kushwaha, R/O Vill.- Khamiha, P.S.- Inarwa, Dist.- West Champaran, Bihar- 845306 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhananjay Kumar, Advocate For the Opposite Party/s :
Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 12-03-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in connection with Inarwa P.S. Case No.88 of 2025 registered for the offence punishable under Sections 20(b)(ii)(C), 23(C), 25 and 29 of N.D.P.S. Act.
3. The case of the prosecution, in short, is that police had secret information that on a Bolero vehicle, the petitioner along with one other carrying ganja. The said Bolero was intercepted. The petitioner and one other managed to escape and from that Bolero, altogether 32.600 Kg. of ganja like contraband was recovered.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no
Patna High Court CR. MISC. No.13684 of 2026(2) dt.12-03-2026 2/2 offence. He has been falsely implicated in this case. From perusal of the F.I.R. it is clear that nothing has been recovered from the possession of this petitioner. He is neither the owner nor the driver of the said Bolero vehicle. His name has surfaced only on the basis of secret information and identification by Chaukidar. It has further been submitted that it is very strange that in the darkness of night, local Chukidar has been able to identify the petitioner. He is languishing in judicial custody since 15.01.2026.
5. Learned APP appearing for the State has vehemently opposed the application for 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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge (NDPS), West Champaran, Bettiah in connection with Inarwa P.S. Case No.88 of 2025.
(Ashok Kumar Pandey, J) lata/- U T