Patna High Court
Devendra RaiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, finding insufficient direct evidence of his involvement in the offence.
Summary
The petitioner, Devendra Rai, was arrested in connection with the recovery of 107.80 kg of ganja from a scorpio vehicle in Bela, Sitamarhi. He filed a regular bail application under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, contending that he had no possession of the drugs, was not the owner of the vehicle, and was implicated only on the basis of the supervising authority’s suspicion. The petitioner highlighted that other accused involved with the same vehicle had already been granted bail and that he had no criminal antecedents, having been in judicial custody since 18 October 2025. The State opposed the bail, arguing the seriousness of the offence under the NDPS Act. After hearing both sides, the court found the petitioner’s claim of lack of direct involvement credible and decided to enlarge regular bail. Accordingly, the court ordered his release on a bail bond of Rs 10,000 with two sureties, subject to the satisfaction of the Special Judge (NDPS).
Issues considered
- Whether the petitioner is entitled to regular bail under the NDPS Act despite the seizure of a large quantity of narcotics
- Whether the suspicion of the supervising authority alone suffices to justify continued detention
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)C, 22, 23, 27(a), 8
Subjects
- regular bail
- NDPS Act
- drug seizure
- judicial custody
- suspicion
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78 of 2026
Arising Out of PS. Case No.-259 Year-2024 Thana- BELA District- Sitamarhi
======================================================
Devendra Rai S/o Dukha Rai Resident of Village- Malahi, P.S.- Bela, Dist-
Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 05-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 8, 27(a),
20(b)(ii) C, 22 and 23 of the N.D.P.S. Act.
3. The case of the prosecution is that from a scorpio,
altogether 107.80 kg of ganja was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
falsely been implicated in this case. He has submitted that those
person who was in the scorpio has been granted bail by this
court vide Cr. Misc. No. 38414 of 2025. During investigation,
Supervising Authority had suspicion that the petitioner has hired
that vehicle from Satendra. Learned counsel for the petitioner
Patna High Court CR. MISC. No.78 of 2026(2) dt.05-02-2026
2/2
has further submitted that the name of this petitioner has
surfaced only on the basis of suspicion of supervising authority.
Nothing has been recovered from his possession. He is not the
owner of the vehicle. The case of this petitioner stands on better
footing. A statement has been made in para-3 of this petition that
the petitioner has got no criminal antecedent. Moreover, he is
languishing in judicial custody since 18.10.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Bela P.S. Case No. 259 of 2024 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Special Judge (NDPS Act),
Sitamarhi.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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