Patna High Court
Raju RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The court allowed the petition for bail, directing the petitioner’s release on bond subject to conditions.
Summary
The petitioner, Raju Rai, was arrested in connection with a case involving the alleged possession of 11.63 grams of heroin, a quantity below the commercial threshold under the NDPS Act. He sought regular bail, claiming innocence, a clean antecedent, and no risk of absconding or tampering with evidence. The State opposed the bail, citing the seriousness of the offence. The court considered the low quantity, the petitioner’s personal circumstances, and the fact that he had been in custody since December 2025, and found no sufficient reason to deny bail. Accordingly, the court granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding family surety and regular appearance in court. The bail order was pronounced by Justice Alok Kumar Sinha.
Issues considered
- Whether bail should be granted to an accused under Sections 8(c), 21(b), 29 of the NDPS Act and Section 111(2)(b) of the Bihar Narcotic Substances Act when the quantity of heroin is below commercial quantity.
- Whether the petitioner’s personal antecedents and risk of absconding justify the grant of regular bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 111(2)(b)
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 29, 8(c)
Subjects
- bail
- NDPS Act
- heroin
- quantity below commercial
- criminal procedure
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10854 of 2026
Arising Out of PS. Case No.-952 Year-2025 Thana- JAKKANPUR District- Patna
======================================================
Raju Rai Son of Vinod Ray Resident of village- Tereshiya, Ward no. 3, Ps-
Gangabridge, Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar
For the Opposite Party/s : Mr.Abhay Kumar Roy
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 19-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Jakkanpur
P.S. Case No. 952 of 2025, registered for the offence punishable
under Sections 8(c), 21(b), 29 of NDPS Act and 111(2)(b) of BNS.
3. As per allegation, 11.63 gms of heroin was recovered
from the possession of the petitioner and 10.83 gms of heroin was
recovered from the possession of co-accused Amit Kumar.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this case.
The alleged recovered contraband is though more than the small
quantity but it is less than the commercial quantity. The petitioner is
a person of clean antecedent. He is a man of means and there is no
chance of his absconding and tampering with the evidence. He
further submits that he is ready to abide by the conditions which
may be imposed by this Court.
5. Learned APP appearing for the State opposes the
Patna High Court CR. MISC. No.10854 of 2026(3) dt.19-03-2026
2/2
prayer for regular bail of the petitioner.
6. Considering the fact that 11.63 grams of heroin is
alleged to have been recovered from the possession of the petitioner,
Raju Rai, which is below the commercial quantity, and also that the
petitioner is lying in custody since 03.12.2025, and further that the
charge-sheet is stated to have already been filed in this case,
therefore, considering the overall circumstances, let the petitioner
above named, is directed to be released on bail on furnishing bail-
bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned court below
where the case is pending/successor court in connection with
Jakkanpur P.S. Case No. 952 of 2025, subject to the following
conditions:-
(i) One of the bailors shall be own/close member of the
family of the petitioner.
(ii) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the bail
bonds of the petitioner.
7. Accordingly, the prayer for bail is allowed.
(Alok Kumar Sinha, J)
kundan/-
U T
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