Patna High Court
Brajesh RaiversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 25(1-b)a, 26, 35
- Indian Penal Code — s. 399, 402, 414
- Narcotic Drugs and Psychotropic Substances Act — s. 20, 22
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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