Patna High Court
Raju Kumar RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner as the prosecution failed to demonstrate a specific overt act linking him to the alleged offence.
Summary
The petitioner, Raju Kumar Rai, was arrested in connection with a case alleging recovery of 30.5 kg of ganja from a vehicle, under Sections 20(b)(ii)(c), 25, 27(a) and 29 of the NDPS Act. He contended that he was falsely implicated, not the owner or driver of the vehicle, and that no specific overt act was attributed to him; the co‑accused had named him. The State opposed bail, citing the seriousness of the offences. The court examined the lack of direct evidence linking the petitioner to the drug seizure and his clean criminal record, and considered the length of his custody. Concluding that the allegations were general and the petitioner’s role unproven, the court granted bail on condition of a Rs.15,000 bond with two sureties and compliance with appearance requirements.
Issues considered
- Whether the petitioner is entitled to bail despite allegations under the NDPS Act.
- Whether the prosecution has established a specific role for the petitioner in the alleged drug seizure.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(c), 25, 27(a), 29
Subjects
- bail
- NDPS Act
- drug seizure
- presumption of innocence
- co‑accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85056 of 2025
Arising Out of PS. Case No.-38 Year-2025 Thana- UDWANTNAGAR District- Bhojpur
======================================================
Raju Kumar Rai S/O Surendra Ray R/O Village - Masad, P.S- Udwant Nagar,
District - Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Vaishnavi Singh, Advocate
For the Opposite Party/s : Mr.Anuj Kumar Shrivastava, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-01-2026 Heard learned counsel for the petitioner and learned
APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with
Udwant Nagar PS Case No. 38 of 2025 instituted for the
offences under Sections 20(b)(ii)(c), 25, 27(a) & 29 of the
NDPS Act.
3. Prosecution allegation, in short, is that there is
recovery of 30.500 Kg ganja from the car.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. The
name of the petitioner has been disclosed by the co-accused
Ankit Raj. The alleged recovery of Ganja has been made from
the vehicle. The petitioner is neither owner nor driver of the said
vehicle. The petitioner has not been apprehended on the spot.
Patna High Court CR. MISC. No.85056 of 2025(2) dt.13-01-2026
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Learned counsel for the petitioner submits that general and
omnibus allegation has been made against the petitioner. No
specific overt act is alleged against the petitioner. He further
submitted that no specific role has been attributed towards the
petitioner with respect to the alleged recovery of Ganja. The
alleged car has been booked by co-accused Ankit Raj from the
Raj Tour and Travel, Saran, Chapra. He further submitted that
the co-accused Abhimanyu Singh and Deepak Kumar left the
bags and fled away upon seeing the Police. It has been
submitted on behalf of the petitioner that the petitioner is in
custody since 23.01.2025 and has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Udwant Nagar PS
Case No. 38 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
Patna High Court CR. MISC. No.85056 of 2025(2) dt.13-01-2026
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the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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