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Patna High Court

Mohan Rai @ Mohan Ray @ Manoj RaiversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that bail could not be granted in view of the quantum of the seizure and the material linking the petitioner to the crime.

Summary

Mohan Rai applied for regular bail in an NDPS case (G.R. Case No. 53 of 2024) where 300 kg of ganja was recovered from a truck. The prosecution alleged that the driver and cleaner testified that the narcotics were intended for the petitioner, linking him to the offence under Sections 8, 21(b), 22, 24, 27(a) and 29 of the NDPS Act. The petitioner has been in custody since 20 August 2025. The Court considered the large quantum of the seizure and the material evidence against the petitioner. Finding the seriousness of the offence and the risk of tampering with evidence, the Court declined to grant bail. The bail application was therefore dismissed.

Issues considered

  • Whether regular bail can be granted in an NDPS case involving a large quantity of narcotics (300 kg) and evidence linking the accused to the offence

Legislation cited

Subjects

  • NDPS Act
  • regular bail
  • drug trafficking
  • large quantity seizure
  • bail denial

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.83214 of 2025
                      Arising Out of PS. Case No.-81 Year-2024 Thana- MEHSI District- East Champaran
                  ======================================================
                  Mohan Rai @ Mohan Ray @ Manoj Rai S/O Shiv Pujan Rai R/O Village-
                  Kadhan,P.S- Kesaria, District - East Champaran
                                                                        ... ... Petitioner/s
                                                      Versus
                  The State of Bihar Bihar
                                                                 ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr. Sunil Kumar No.III
                  For the Opposite Party/s :        Mr. Navin Kumar Pandey
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

3    19-03-2026                    Heard the parties.

                                 2. The petitioner seeks regular bail in connection with

                    NDPS G.R. Case No. 53 of 2024 arising out of Mehsi P.S. Case

                    No. 81 of 2024 registered for the offence under Sections 8,

                    21(b), 22, 24, 27(a), 29 of the NDPS Act.

                                 3. As per the prosecution case, the recovery is of 300

                    kg of Ganja from a truck.

                                 4. The petitioner is in custody since 20.08.2025 and

                    the driver and cleaner of the truck have said that the Ganja was

                    to be delivered to the petitioner and materials have also come to

                    connect the petitioner with the crime.

                                 5. In view of the quantum of recovery, this Court is

                    not inclined to grant bail to the petitioner.

                                 6. Accordingly, this application is dismissed.


                                                              (Sandeep Kumar, J)
Vikas/-
U


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