Patna High Court
Niraj Tiwari @ Niraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Bail was granted to the petitioner subject to a bond of Rs.25,000 and two sureties, with the condition that the trial court may cancel the bail if he attempts to delay the framing of charge or the trial.
Summary
The petitioner, Niraj Tiwari, was arrested in connection with the recovery of 5.04 litres of liquor and 1 kg of ganja, alleged under Sections 8 and 20(B)(ii)(B) of the NDPS Act and Section 30(a) of the Excise Act. He contended that he was merely an informer who led police to the contraband and that the substances actually belonged to another individual, Chandra Mohan Tiwari. The petitioner argued that the quantity was small, he had no prior criminal record except one case, and he would not abscond if released on bail. The State opposed bail, citing the seriousness of the offences. The High Court, after considering the submissions, granted regular bail on a bond of Rs.25,000 with two sureties, subject to the condition that the trial court may cancel the bail if the petitioner attempts to delay framing of charge or the trial. The bail application was therefore allowed.
Issues considered
- Whether bail should be granted in a case involving offences under the NDPS Act and the Excise Act given the alleged small quantity and the petitioner’s claim of being an informer.
- Whether the petitioner is likely to abscond or tamper with evidence, justifying denial of bail.
Legislation cited
- Excise Act — s. 30(a)
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(B)(ii)(B), 8
Subjects
- bail
- NDPS Act
- Excise Act
- small quantity
- informer
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34104 of 2026
Arising Out of PS. Case No.-243 Year-2025 Thana- SANGRAMPUR District- East
Champaran
======================================================
Niraj Tiwari @ Niraj Kumar son of Arvind Tiwari Resident of village -
Madhubani, Ps- Sangrampur, Dist- East champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Adv.
For the Opposite Party/s : Ms. Suman Kumari Singh, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-05-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 8, 20(B)(ii)(B) of the NDPS
Act and Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of one case and allegation is of
recovery of 5.04 litres of liquor along with 01 kg. of ganja from
a place near the house of Chandra Mohan Tiwari. It is next
submitted that from perusal of the allegations as alleged in the
FIR, it would manifest that it was at the behest of the petitioner
being an informer that the place of occurrence was raided from
where the alleged liquor and ganja was recovered but then
Patna High Court CR. MISC. No.34104 of 2026(2) dt.15-05-2026
2/3
Chandra Mohan Tiwari disclosed that the ganja and the liquor
belongs to the petitioner as such the petitioner came to be
implicated and Chandra Mohan Tiwari was not even made an
accused.
4. The learned counsel for the petitioner submits that
merely the statement of Chandra Mohan and Chaukidar the
police implicated the petitioner when it was petitioner who had
informed about the liquor and Ganja. It is also submitted that if
bail is granted, the petitioner will not abscond rather will
cooperate in the trial to prove his innocence. It is next submitted
that petitioner is in custody since 19.03.2026 and the alleged
recovery of ganja is of small quantity.
5. Learned A.P.P. opposes the bail application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, is
directed to be released on regular bail on his furnishing bail-
bonds in the sum of Rs.25,000/- (Rupees Twenty Five
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Trial Court where the case is
pending/successor Court in connection with Sangrampur P. S.
Case No.243 of 2025.
7. The application stands allowed.
Patna High Court CR. MISC. No.34104 of 2026(2) dt.15-05-2026
3/3
8. However, it is made clear that if the learned trial
court comes to a conclusion that petitioner after her release is
trying the delay the framing of charge or after framing of charge
is trying to delay the trial in both the conditions, the learned trial
court shall be at liberty to cancel the bail bonds of the petitioner.
(Satyavrat Verma, J)
vikash/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.