Patna High Court

Raj Kumar Rai @ Ram Kumar Yadav @ DhodhaversusThe State of Bihar

Decided: 15 April 2026
Disposal: REJECTED
Bench: RAJESH KUMAR VERMA

Holding

Bail was denied because the seriousness of the offences and the petitioner’s alleged involvement in another NDPS case warranted continued detention.

Summary

The petitioner, Raj Kumar Rai, was arrested on 13 February 2026 after police raided his asbestos house and seized 30.630 kg of poppy husk material. He applied for bail, claiming false implication and denying any involvement in the recovered narcotics. The prosecution relied on a typed self‑statement of a police informant and the seizure of the narcotics, also alleging the petitioner’s involvement in another NDPS case in Punjab. The court examined the seriousness of the offences under Sections 8, 20(b) and 11(A) of the NDPS Act and the petitioner’s alleged criminal history. Considering the nature of the offence, the quantity of narcotics seized, and the pending case in another jurisdiction, the court found no sufficient ground to grant bail. Consequently, the bail application was rejected and the petitioner remained in custody.

Issues considered

Whether bail should be granted to an accused under Sections 8, 20(b) and 11(A) of the NDPS Act in view of the quantity of narcotics seized and alleged prior involvement in another NDPS case.

Legislation cited

Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 11(A), 20(b), 8

Subjects

bail
NDPS Act
narcotics seizure
criminal procedure
pre‑trial detention
serious offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24337 of 2026
                        Arising Out of PS. Case No.-77 Year-2026 Thana- MASHRAK District- Saran
                 ======================================================
                 Raj Kumar Rai @ Ram Kumar Yadav @ Dhodha Son of Late Mohan Rai
                 Resident of - Chandkudriya, P.S.- Masrakh, District - Saran, Pin - 841410.
                                                                                 ... ... Petitioner
                                                    Versus
                 The State of Bihar
                                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Smita Shreeyash, Advocate
                 For the Opposite Party/s :       Mr. Brajendra Nath Pandey, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   15-04-2026                     Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   13.02.2026 in connection with Masrakh P.S. Case No. 77 of

                   2026 for the offences punishable under Sections 8, 20(b), 11(A)

                   of NDPS Act.

                               3. The prosecution case, in brief, is based on the typed

                   self statement of the informant, who is a Police Officer and on

                   09.02.2026 at about 21.50 o'clock on getting secret information

                   of Ganja, the informant with other Police personal raided the

                   asbestos house of the petitioner. Seeing the police party, the

                   petitioner tried to flee away, but on chase he was arrested by the

                   Police, who disclosed his name Raj Kumar Rai @ Ram Kumar

                   Yadav @ Dhodha as this petitioner. Search was made in

                   presence of Magistrate with consent of the petitioner and five

                   ways of poppy husk like material total containing 30.630 kg.

                   was recovered and seized. He told the name of his associates
           Patna High Court CR. MISC. No.24337 of 2026(2) dt.15-04-2026
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                     and confessed that they are indulged in sale and supply of

                     narcotics.

                                  4. Learned counsel for the petitioner submits that

                     petitioner has falsely been implicated in the present case. It

                     appears from the FIR and seizure list that five bags of poppy

                     husk was recovered from the asbestos house of the petitioner

                     and 30.630 kgs of poppy husk was recovered from the asbestos

                     house of the petitioner. It is next submitted that petitioner has no

                     concern with the alleged recovery of poppy husk.

                                  5. The learned Additional Public Prosecutor for the

                     State, on the other hand, has vehemently opposed the prayer for

                     bail of the petitioner and submits that petitioner is involved in

                     the another NDPS case which was instituted in Patiala, Punjab.

                                  6. Hence, I am not inclined to enlarge the petitioner

                     on bail in connection with Masrakh P.S. Case No. 77 of 2026

                     pending in the Court of learned Sessions Judge (NDPS) Saran at

                     Chapra.

                                  7. Prayer is refused.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T

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