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Patna High Court

Raju RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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