Patna High Court
Mohan Rai @ Mohan Ray @ Manoj RaiversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 22, 24, 27(a), 29, 8
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
Checking your session…