Patna High Court
Angad Rai @ Angad Kumar RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner subject to a bond and sureties under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioner, Angad Rai, sought bail in an NDNDPS case where a co‑accused, Vivek Kumar, was caught with 12 kg of ganja and implicated the petitioner. No narcotics were recovered from the petitioner’s possession and he has no prior similar convictions. The State opposed bail, arguing the seriousness of the offences under Sections 8(c), 20(B)(ii)(B), 22(B) and 29 of the NDPS Act. The Court examined whether the petitioner was likely to flee, tamper with evidence, or pose a threat to public order. Finding the allegations insufficient to justify continued custody, the Court granted bail on condition of a Rs 10,000 bond with two sureties and compliance with Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether bail should be granted to the petitioner in the NDPS case despite the seriousness of the alleged offences
- Whether the petitioner poses a flight risk or risk of tampering with evidence
- Whether the provisions of Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, justify denial of bail
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(B)(ii)(B), 22(B), 29, 8(c)
Subjects
- bail
- NDPS Act
- false implication
- Section 482
- Bhartiya Nagrik Suraksha Sanhita
- criminal procedure
- flight risk
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83970 of 2025
Arising Out of PS. Case No.-264 Year-2024 Thana- KOCHAS District- Rohtas
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Angad Rai @ Angad Kumar Rai S/O Late Sri Niwash Rai @ Sriniwas Rai
Resident of Village- Mahuari, P.S.- Kochas, Dist.- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prafull Chandra Jha, Adv.
Mr.Keshav Kumar Jha & Mr. Rahul Kumar,Adv.
For the Opposite Party/s : Dr.Mrityunjaya Kr.Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 06-01-2026 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(c)/20(B)(ii)(B)/22(B)
and 29 of the N.D.P.S. Act.
3. As per F.I.R., on 20.08.2024, on the basis of secret
information, a raid was conducted and on chase, one Vivek
Kumar was apprehended on spot with 12 Kg Ganja and on
interrogation, he disclosed the name of this petitioner and one
co-accused Krish Rajput, who fled away from the spot.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in this case at the instance
of co-accused Vivek Kumar, who was apprehended on spot with
Patna High Court CR. MISC. No.83970 of 2025(2) dt.06-01-2026
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alleged Ganja. Nothing has been recovered from the possession
of this petitioner. Petitioner has got no concern with alleged
recovery of Ganja nor he was found present at the place of
recovery. Petitioner has got no criminal antecedent of similar
nature.
5. Learned A.P.P. for the State has opposed the bail
petition.
6. In the facts and circumstances of the case, 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
Sessions Judge, Rohtas at Sasaram in connection with NDPS
Case No. 35 of 2024, arising out of Kochas P.S. Case No. 264 of
2024, 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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