Patna High Court
Sailendra RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the regular bail application, subject to specified conditions.
Summary
The petitioner, Sailendra Rai, was arrested in connection with a case under the NDPS Act where a large quantity of opium husk, processed opium and poppy were seized, with 13 kg attributed to him. He claimed innocence, clean antecedents, and argued that the quantity in his possession was below the commercial threshold. The prosecution opposed bail, citing the seriousness of the offences. The High Court considered the length of custody, the delay in trial, and that the quantity was intermediate, and therefore granted regular bail. Bail was conditioned on a bond of Rs 10,000 with two sureties and compliance with attendance, trial cooperation, non‑tampering and non‑commission of further offences. The court noted that its observations were prima facie and not a determination on the merits.
Issues considered
- Whether regular bail should be granted to the accused in an NDPS case involving an intermediate quantity of opium husk.
- Whether the length of custody, trial delay, and the nature of the quantity justify bail despite the seriousness of the offences.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 17(c), 18(c), 20(b)(ii)b, 22, 8
Subjects
- bail
- NDPS Act
- intermediate quantity
- criminal procedure
- custody
- trial delay
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27014 of 2026
Arising Out of PS. Case No.-12 Year-2025 Thana- DEHRI ON SONE RAIL P.S. District-
Gaya
======================================================
Sailendra Rai Son of Meras Rai Resident of Village - Murbakhas, Police
Station - Isuapur, District - Chapra (Saran).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aryan Singh
For the Opposite Party/s : Dr.Mrityunjaya Kr.Gautam
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 03-07-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. This is the 2nd attempt of the petitioner for regular
bail in connection with Dehri On Sone Rail P.S. Case No. 12 of
2025 registered for the offence under Section(s) 8, 17(c), 18(c),
20(b)(ii)b and 22 of the NDPS Act.
3. As per the prosecution case, a total of 75.900 kg of
opium husk, 1 kg of processed opium and 300 grams of Doda
Poppy were recovered from the joint possession of the petitioner
and the co-accused. Out of this, 13 kg of opium husk was
specifically recovered from the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence. The
Patna High Court CR. MISC. No.27014 of 2026(3) dt.03-07-2026
2/3
petitioner is in custody since 21.03.2025 and claims clean
antecedents. It is further submitted that the commercial quantity
of opium husk is 50 kg, whereas the alleged recovery is 13 kg
from the personal possession of the petitioner.
5. Learned A.P.P. has vehemently opposed the prayer
for bail.
6. Considering the aforesaid facts and circumstances,
the period of custody, the delay in trial and the fact that the
recovery is of intermediate quantity, this application for regular
bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand)with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Dehri On Sone Rail
P.S. Case No. 12 of 2025 subject to condition that:-
(i). The petitioner will mark his
attendance at the Isuapur Police Station on
every Sunday of each month. Any default in
appearance at the Police Station would
result in cancellation of bail bond of the
petitioner.
(ii). The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
Patna High Court CR. MISC. No.27014 of 2026(3) dt.03-07-2026
3/3
shall result in cancellation of the bail bond
of the petitioner.
(iii). the petitioner shall in no way
try to induce or promise or threat the
witnesses or tamper with the evidences,
failing which the State shall be at liberty to
take steps for cancellation of the bail bonds;
(iv). the petitioner shall desist
from committing any criminal offence again,
failing which the State shall be at liberty to
take steps for cancellation of his bail bonds.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.