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Patna High Court

Brajesh RaiversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that bail could not be granted to the petitioner.

Summary

Brajesh Rai applied for regular bail in a case registered under Sections 399, 402 and 414 of the Indian Penal Code, Sections 25(1‑b)a, 26 and 35 of the Arms Act and Sections 20 and 22 of the NDPS Act, where 5 kg of ganja was recovered from a vehicle. The petitioner claimed he was falsely implicated and that no incriminating articles were found in his possession, but he has seven prior criminal cases for which he is already on bail and has been in custody since 2 September 2025. The State opposed the bail application, emphasizing the seriousness of the offences and the large drug seizure. The Court, after weighing the seriousness of the charges and the petitioner’s criminal antecedents, declined to grant bail. Consequently, the bail application was dismissed.

Issues considered

  • Whether bail should be granted to the petitioner despite the seriousness of the offences and the large quantity of narcotics recovered
  • Whether the petitioner’s claim of false implication warrants bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • IPC
  • Arms Act
  • NDPS Act
  • false implication
  • criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16192 of 2026
                    Arising Out of PS. Case No.-375 Year-2020 Thana- GAIGHAT District- Muzaffarpur
                 ======================================================
                 Brajesh Rai S/O Ram Kripal Rai R/O Village- Ward-3, Deogan, P.S.- Katra,
                 District- Muzaffarpur

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Arun Bharti, Advocate
                 For the Opposite Party/s :       Mr.Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   23-06-2026                    Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in connection with

                   Gaighat P.S. Case No. 375 of 2020 registered for the offences

                   punishable under Sections 399/402 and 414 of Indian Penal

                   Code and Sections 25(1-b)a/26 /35 of the Arms Act and Sections

                   20 and 22 of the NDPS Act.

                                3. The recovery is of 5 kg of ganja from a vehicle.

                                4. Learned counsel for the petitioner submits that

                   petitioner has falsely been implicated in the case. No

                   incriminating articles has been recovered from his possession.

                   Learned counsel further submits that he has seven criminal

                   antecedents in which he is on bail and he is in custody since

                   02.09.2025. The petitioner undertakes to co-operate in the case/
              Patna High Court CR. MISC. No.16192 of 2026(3) dt.23-06-2026
                                                          2/2




                        trial.

                                     5. Learned APP for the State has opposed the prayer

                        for regular bail of the petitioner.

                                     6. Considering the huge recovery and the criminal

                        antecedents of the petitioner, this Court is not inclined to grant

                        bail to the petitioner.

                                     7. Accordingly, this application stands dismissed.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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