Patna High Court
Videsh Rai @ Videshi Yadav @ Videsh RayversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner on condition of a Rs 10,000 bond with two sureties.
Summary
The petitioner, Videsh Rai, applied for bail in a case registered under the NDPS Act for alleged transportation of 2.010 kg of ganja. The prosecution alleged that the seized narcotics were in a white car linked to the petitioner, while the defence argued that he was neither the owner nor driver and was falsely implicated, with no drugs recovered from his possession. The petitioner claimed innocence and highlighted that the quantity, though above the small‑quantity threshold, was far below commercial quantity, and he had been in judicial custody since 4 December 2025. The State opposed bail, citing a prior criminal case against the petitioner. After hearing both sides, the Court found the circumstances sufficient to grant bail, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail under the NDPS Act for alleged transportation of 2.010 kg of ganja.
- Whether the existence of a prior criminal case bars the grant of bail.
- Whether the quantity of narcotics involved, being less than commercial quantity, warrants bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(B), 22, 27A, 8(c)
Subjects
- bail
- NDPS Act
- drug trafficking
- judicial custody
- criminal antecedent
- quantity of narcotics
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18737 of 2026
Arising Out of PS. Case No.-222 Year-2020 Thana- ATHMALGOLA District- Patna
======================================================
Videsh Rai @ Videshi Yadav @ Videsh Ray, S/O Sri Ram Dae Rai, Resident
of Village- Naya Tola Sabnima, P.S- Athmalgola, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rishup, Advocate
Ms. Shalini Raje, Advocate
For the Opposite Party/s : Mr. Ram Bilash Roy Raman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 24-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Athmalgola P.S. Case No. 222 of 2020 registered for the
offence punishable under Sections 8(c), 20(b)(ii)(B), 22 and
27A of N.D.P.S. Act.
3. The case of the prosecution, in short, is that the
petitioner is indulged in transportation of ganja. There is
recovery of 2.010 Kilograms of ganja from a white car.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He is neither the owner nor the driver of the said car. The
Patna High Court CR. MISC. No.18737 of 2026(2) dt.24-03-2026
2/2
seizure list witnesses are police personnel. The name of this
petitioner has surfaced in the statement of the co-accused
Akhilesh Kumar and Jitendra Kumar. Nothing has been
recovered from his possession. It has further been submitted that
the alleged recovery is though more than small quantity but is
much less than commercial quantity. Petitioner is languishing in
judicial custody since 04.12.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail and has submitted
that petitioner is having criminal antecedent of one case.
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
Sessions Judge/Special Judge (NDPS), Patna in connection with
Atmalgola P.S. Case No.222 of 2020.
(Ashok Kumar Pandey, J)
lata/-
U T
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