Patna High Court
Milan Rai @ Miloa GopeversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
Since no contraband was recovered from the petitioner’s possession and the co‑accused from whose possession the drugs were seized has already been granted bail, the petitioner is entitled to regular bail.
Summary
Milan Rai applied for regular bail in a case under Sections 8 and 20(b)(ii)(B) of the NDPS Act, where 6.150 kg of ganja-like contraband was seized from co‑accused Tejan Rai. The petitioner argued that he was falsely implicated, that no drugs were found in his possession, and that the only link to him was the co‑accused’s statement. The State opposed the bail, noting the petitioner’s four criminal antecedents and his judicial custody since 30‑01‑2026. The Court observed that the absence of any recovery from the petitioner and the fact that bail had already been granted to the co‑accused warranted extending bail to the petitioner. Accordingly, the Court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to regular bail despite lack of direct possession of the contraband.
- Whether the prior grant of bail to the co‑accused influences the bail decision for the petitioner.
- Whether the petitioner’s criminal antecedents and period of judicial custody preclude bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(B), 8
Subjects
- regular bail
- NDPS Act
- contraband
- co‑accused
- judicial custody
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31027 of 2026
Arising Out of PS. Case No.-334 Year-2024 Thana- RAGHOPUR District- Vaishali
======================================================
Milan Rai @ Miloa Gope S/O Late Nagina Rai R/O Vill.- Devchan,
Devchand, P.S.- Rustampur, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravish Mishra, Advocate
For the Opposite Party/s : Ms. Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in
connection with a case registered for the offences punishable
under Sections 8/20(b)(ii)(B) of the NDPS Act.
3. The prosecution case, in brief, is that altogether
6.150 kg of ganja-like contraband was recovered from the
possession of one Tejan Rai.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in the
present case. It is further submitted that the name of the
petitioner has surfaced only on the basis of the statement of the
co-accused. No recovery has been made from the conscious
possession of the petitioner; rather, the alleged recovery has
been made from co-accused Tejan Rai. It is also submitted that
the said co-accused, namely Tejan Rai, has already been granted
Patna High Court CR. MISC. No.31027 of 2026(2) dt.11-05-2026
2/2
bail by a learned Co-ordinate Bench of this Court. Learned
counsel further submits that the petitioner is in judicial custody
since 30.01.2026 and has four criminal antecedents.
5. Learned APP appearing for the State has opposed
the prayer for regular bail.
6. Considering the aforesaid facts and circumstances
of the case, particularly the fact that no recovery has been made
from the possession of the petitioner and that the co-accused
from whose possession the alleged contraband was recovered
has already been granted bail, this Court is inclined to enlarge
the petitioner on bail.
7. Accordingly, the above-named petitioner is directed
to be released on bail in connection with Raghopur P.S. Case
No. 334 of 2024, upon furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Sessions-cum-Special
Judge, NDPS Act, Vaishali at Hajipur.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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