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Patna High Court

Sailendra RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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