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Patna High Court

Raju Kumar RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                       3/3




                     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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