Patna High Court
Vicky RajakversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Regular bail was granted to the petitioner subject to specified conditions.
Summary
Vicky Rajak was arrested in connection with a case of possession of 8.45 kg of ganja under Sections 8 and 20(B)(ii)B of the NDPS Act. He had been in custody since 21‑04‑2025 and his earlier bail application was rejected. The petitioner claimed false implication and highlighted the lack of witness examination and a year‑long delay in trial. The court considered the intermediate quantity of narcotics, the length of custody, the petitioner’s clean antecedent, and the delay in proceedings. It allowed regular bail with a cash bond of Rs.10,000 and two sureties, imposing conditions of regular police station attendance and cooperation with the trial. The order was communicated to the relevant police authority for implementation.
Issues considered
- Whether regular bail should be granted to the accused in an NDPS case involving an intermediate quantity of narcotics, considering the period of custody and trial delay.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(B)(ii)B, 8
Subjects
- bail
- NDPS Act
- possession of narcotics
- intermediate quantity
- delay in trial
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22318 of 2026
Arising Out of PS. Case No.-64 Year-2025 Thana- BARAUNI RAIL P.S. District- Begusarai
======================================================
Vicky Rajak S/O Mantu Rajak @ Montu Rajak Village- Rangiya, Ward No.-
01, P.O. and P.S.- Rangiya, District- Kamrup State- Assam
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhay Kumar, Advocate
For the Opposite Party/s : Mr.Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 30-04-2026 Heard the parties.
2. This is the second attempt of the petitioner for grant
of regular bail in connection Barauni Rail P.S. Case No. 64 of
2025 registered for the offence under Section 8, 20(B), (ii)B of
N.D.P.S. Act. Earlier the bail application of the petitioner was
rejected vide order dated 27.08.2025 passed in Cr. Misc. No.
57243 of 2025.
3. As per the prosecution case, total recovery is of
11.400 kg ganja, out of which 8.450 kg ganja was recovered
from the petitioner. Petitioner is in custody since 21.04.2025 and
has clean antecedent.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the present case.
Learned counsel further submits that though the petitioner is in
Patna High Court CR. MISC. No.22318 of 2026(2) dt.30-04-2026
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custody for about one year but in this case only charge has been
framed but no witness has been examined. The petitioner
undertakes to co-operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the period of custody, recovery of
intermediate quantity of ganja and the delay in trial, this
application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Principal District and Sessions Judge,
Begusarai/concerned Court below in connection with Barauni
Rail P.S. Case No. 64/2025 subject to the following conditions:-
(i) Both the bailors will be family members of the
petitioner.
(ii) The petitioner after being released on bail, is
directed to mark his attendance at Rangiya Police Station,
District- Kamrup, State- Assam on every Sunday of the
month. Any default in appearance at the Police Station
will result in cancellation of bail bonds of the petitioner.
(ii) The petitioner after being released on bail is
directed to co-operate in the trial either by appearing
personally or through his lawyer in the Trial Court on
each and every date fixed by the trial Court. Non-
compliance of the condition will result in cancellation of
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the bail bonds of the petitioner.
8. Let a copy of this order be communicated through
FAX or e-mail to the Superintendent of Police, Kamrup for its
compliance.
(Sandeep Kumar, J)
tusharika/-
U T
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