Patna High Court
Md. RajaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner, subject to bond and conditions under Section 480(3) of the Bharatiya Nyaya Sanhita.
Summary
The petitioner, Md. Raja, was arrested with a stolen motorcycle and 130.78 grams of heroin, facing charges under several sections of the Bharatiya Nyaya Sanhita, 2023 and the Narcotic Drugs & Psychotropic Substances Act, 1985. The petitioner claimed innocence, alleging that the contraband was planted and that the quantity fell within the intermediate range, while the State contended that he was caught red‑handed. The court considered the nature of the offences, the period of custody since 25‑08‑2025, and the submission of the charge‑sheet. Applying Section 480(3) of the Bharatiya Nyaya Sanhita, the court ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to specific conditions. The bail was granted despite the serious nature of the drug and theft charges.
Issues considered
- Whether bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita and NDPS Act given the seriousness of the offences and the period of custody.
- Whether the alleged recovery of contraband and the stolen motorcycle constitute sufficient ground to deny bail.
- Application of Section 480(3) of the Bharatiya Nyaya Sanhita in imposing conditions for bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 317(4), 317(5), 318(4), 336(3) r/w 3(5), 338, 480(3)
- Narcotic Drugs & Psychotropic Substances Act, 1985 — s. 21(b), 8(c)
Subjects
- bail
- NDPS Act
- Bharatiya Nyaya Sanhita
- drug possession
- stolen vehicle
- intermediate quantity
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84306 of 2025
Arising Out of PS. Case No.-198 Year-2025 Thana- KORHA District- Katihar
======================================================
Md. Raja Son of Md. Mofil @ Md. Sofil Resident of Village - Gerabari Basti
Ward No. 3, P.S.- Korha, District – Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimal Kumar, Advocate
For the Opposite Party/s : Mr. Uday Chand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Korha P.S. Case No. 198 of 2025 registered for
the alleged offences under Sections 317(4), 317(5), 318(4), 338,
336(3) r/w 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section
8(c) and 21(b) of the Narcotic Drugs & Psychotropic Substances
Act, 1985.
03. As per prosecution case, the petitioner and other
co-accused persons were apprehended with a stolen motorcycle
and from the possession of the petitioner, recovery of 130.78
gram of smack was made.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.84306 of 2025(3) dt.11-02-2026
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case and no recovery has been made from the petitioner. The
recovery shown from the petitioner is planted. Moreover,
recovered quantity of contraband is less than the commercial
quantity though more than the small quantity as notified by the
Government of India, which comes under the intermediate
quantity of contraband. Learned counsel further submits that the
petitioner is having antecedent of two cases and is in custody
since 25.08.2025. Charge-sheet has been submitted.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner. Learned APP submits that the
petitioner was caught red handed carrying smack and riding a
stolen mototcycle.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
period of custody of the petitioner along with submission of
charge-sheet, the petitioner above named is directed to be
released on bail on furnishing bail bonds of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Sessions Judge, Katihar/court concerned
in connection with NDPS Case No. 118 of 2025 arising out of
Korha P.S. Case No. 198 of 2025, subject to the conditions
mentioned in Section 480(3) of BNSS and the following
Patna High Court CR. MISC. No.84306 of 2025(3) dt.11-02-2026
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conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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