Patna High Court
Bhola Rai @ Bhola RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner subject to monetary and procedural conditions.
Summary
The petitioner, Bhola Rai, was arrested in connection with an NDNDPS case after a police raid recovered 63.158 kg of ganja and co‑accused named him. He claimed he was falsely implicated, noting that no contraband was found in his possession and there were no allegations of witness tampering. The petitioner, who has two prior criminal records, sought bail, arguing non‑recovery of material from him and non‑compliance with Sections 42 and 50 of the NDPS Act. The State opposed the bail. Considering the lack of direct evidence against him and the period of custody already served, the Court inclined to grant bail, imposing a cash bond and several conditions, including family surety, regular court appearances, and cancellation provisions for tampering or future offences.
Issues considered
- Whether bail can be granted to an accused under Sections 8, 20(B)ii C of the NDPS Act and Section 317(2) of the Bharatiya Nyaya Sanhita when no contraband was recovered from his person.
- Whether the requirements of Sections 42 and 50 of the NDPS Act have been complied with in the present case.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 317(2)
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(B)ii C, 42, 50, 8
Subjects
- bail
- NDPS Act
- drug seizure
- criminal antecedents
- Section 42 NDPS
- Section 50 NDPS
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2431 of 2026
Arising Out of PS. Case No.-142 Year-2025 Thana- AURAI District- Muzaffarpur
======================================================
Bhola Rai @ Bhola Ray Son of Late Vilash Rai @ Late Vilas Ray R/o
Simtoka, P.S. - Aurai, Dist. - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Vaishnavi Singh, Advocate
For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with NDPS
Case No. 159 of 2025 arising out of Aurai P.S. Case No. 142 of
2025 instituted for the offences under Sections 8, 20(B)ii C of
the N.D.P.S. Act and Section 317(2) of the Bharatiya Nyaya
Sanhita, 2023.
3. Prosecution case, in short, is that on receipt of secret
information, police conducted a raid and recovered 63.158 kg
ganja from the spot; on seeing police, several persons fled and
two accused were apprehended, who disclosed the names of
others including the petitioner.
4. Learned counsel for the petitioner submitted that the
Patna High Court CR. MISC. No.2431 of 2026(2) dt.21-01-2026
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petitioner has falsely been implicated in the present case.
Charge-sheet has been submitted in this case. Petitioner is in
custody since 01.07.2025 and has two criminal antecedents.
There is no allegation of tampering of witnesses alleged against
the petitioner. No incriminating material has been recovered
from the conscious possession of the petitioner rather the
recovery has been made from the other co-accused persons who
were apprehended on the spot. Learned counsel further
submitted that petitioner has no concern with the alleged
recovery. There is no compliance of Sections 42 and 50 of the
N.D.P.S. Act.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, there being no recovery of contraband from the
petitioner as also the period of custody undergone by him, this
Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of
the like amount each to the satisfaction of Court
below/concerned Court in connection with NDPS Case No.
Patna High Court CR. MISC. No.2431 of 2026(2) dt.21-01-2026
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159 of 2025 arising out of Aurai P.S. Case No. 142 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.
(III) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(IV) If the petitioner is found involved in the similar
nature of offence in future, the prosecution will be at liberty to
move for cancellation of bail.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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