Patna High Court
TEJA RAMversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted bail to the petitioner subject to surrender within eight weeks and a bond of Rs.10,000 with two sureties under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioner, Teja Ram, proprietor of a hotel, was implicated in an NDPS case for alleged possession and sale of 1.7 kg of opium recovered from a nearby abandoned hut. He contended that the hut did not belong to him, was 200 metres away from his premises, and that the quantity was below commercial threshold, emphasizing his clean antecedent. The State opposed bail, arguing the seriousness of the offence. The Court considered the facts, the modest quantity, and the petitioner’s clean record, and ordered bail on the condition that he surrender within eight weeks, provide a Rs.10,000 bond with two sureties, and comply with Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023. The bail order was granted subject to these conditions.
Issues considered
- Whether bail should be granted in an NDPS case involving 1.7 kg of opium.
- Whether the petitioner’s alleged connection to the recovered opium is sufficient to deny bail.
- Whether the petitioner poses a flight risk or risk of tampering with evidence.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 17(b), 18(b), 8
Subjects
- bail
- NDPS Act
- opium
- smuggling
- commercial quantity
- clean antecedent
- Section 482
- Bhartiya Nagrik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7325 of 2026
Arising Out of PS. Case No.-304 Year-2025 Thana- NARPATGANJ District- Araria
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Teja Ram S/o Khoshala Ram @ Kohala Ram R/o vill - Lego Ki Dhani,
Koloo, P.O.- Baitu, P.S.- Baitu, Distt.- Balotara (Barmer), Rajasthan, at
present Proprietor, Rajasthnani Panjabi Choudhary Hotel, Panjarkatta, P.S.-
Narpatganj, Distt.- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kishore Bharti
For the Opposite Party/s : Mr.Vinod Shanker Modi
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Sections 8, 17(b) & 18(b) of the
N.D.P.S. Act.
3. As per prosecution case, 1.700 kg of opium/doda
was recovered from a room of Rajasthani Dhaba. Petitioner is
alleged to be owner of said Dhaba and involved in sale &
smuggling of opium/doda.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this
case. Petitioner has got no concern with the alleged opium, as
the same was recovered from an abandoned hut, which does not
belong to this petitioner and said hut is 200 meter far from his
hotel. He further submits that with regard to recovery of alleged
Patna High Court CR. MISC. No.7325 of 2026(2) dt.19-02-2026
2/2
opium is concerned, same is much less than commercial
quantity. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State has opposed the bail
petition.
6. In the facts and circumstances of the case as well as
quantity of recovery and clean antecedent, let the above named
petitioner, in the event of arrest/surrender within a period of
eight weeks from today, be enlarged on bail on furnishing bail-
bond of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Principal District and
Sessions Judge, Araria / concerned Court in connection with
Narpatganj P.S. Case No. 304 of 2025, subject to condition as
laid down under Section 482 of the Bhartiya Nagrik Suraksha
Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
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