Patna High Court
Nageshwar RaiversusThe Union of India through Dy. Director, D.R.I, Regional Unit
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The bail application was dismissed.
Summary
The petitioner, Nageshwar Rai, applied for regular bail in a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act where approximately 30 kg of ganja was seized from a vehicle he was traveling in. He contended that he was falsely implicated, that no narcotic material was found on his person, and that he has no prior criminal record, having been in custody since 29‑02‑2024. The prosecution opposed bail, noting that the trial is underway and three witnesses have already been examined. The Court, considering the large quantity of narcotics involved, was not inclined to grant bail. Consequently, the bail application was dismissed.
Issues considered
- Whether the petitioner is entitled to regular bail under Sections 8(c), 20(b)ii(c), 25 and 29 of the NDPS Act given the circumstances of the case.
- Whether the large quantity of narcotics seized justifies denial of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)ii(c), 25, 29, 8(c)
Subjects
- bail
- NDPS Act
- narcotics
- drug trafficking
- quantity of seized drugs
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5328 of 2026
Arising Out of PS. Case No.-30 Year-2024 Thana- D.R.I District- Patna
======================================================
Nageshwar Rai S/O Late Ramji Rai R/O vill - Kala Diyara, P.S - Salimpur,
Distt.- Patna.
... ... Petitioner/s
Versus
The Union of India through Dy. Director, D.R.I, Regional Unit Budha Colony,
Main Road, Patna- 800001
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajeev Ranjan Sinha, Advocate
For the D.R.I. : Mr.Ankit Katriar, Advocate
Mr.Rishi Sinha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 16-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with D.R.I.
Case No. 159/2024 registered for the offences punishable under
Sections 8(c), 20(b)ii(c), 25 and 29 of N.D.P.S. Act.
3. As per the prosecution case, approximately 30 kg
of ganja was recovered from a vehicle in which the petitioner
and another person were travelling.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. No
incriminating articles has been recovered from his possession.
Learned counsel further submits that he has no criminal
antecedent and he is in custody since 29.02.2024. The petitioner
Patna High Court CR. MISC. No.5328 of 2026(4) dt.16-04-2026
2/2
undertakes to co-operate in the case/ trial.
5. Learned counsel for the D.R.I. has opposed the
prayer for regular bail of the petitioner and submitted that the
trial is proceeding and three witnesses have been examined.
6. Considering the huge quantity of narcotics
recovered, this Court is not inclined to grant bail to the
petitioner.
7. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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