Patna High Court
Sipahi Rai @ Sipahi Kumar RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted because the seized quantity was below commercial quantity and the petitioner had no prior criminal antecedent.
Summary
The petitioner, Sipahi Rai, was arrested in connection with a case registered under Sections 8 and 20(B)(ii)(B) of the NDPS Act for alleged recovery of 3.844 kg of ganja. He had been in custody since 30 July 2025 and claimed innocence, asserting that the quantity seized was below commercial threshold and that he had no prior criminal record. The petitioner applied for bail, arguing that the quantum of the drug did not warrant continued detention and that his clean antecedent warranted release. The court considered the relatively small quantity and the duration of custody, and directed verification of his antecedent before accepting bail bonds. Consequently, the court granted bail on a bond of Rs. 10,000 with two sureties, subject to monthly police attendance and verification of his criminal history.
Issues considered
- Whether bail should be granted in an NDPS case involving 3.844 kg of ganja under Sections 8 and 20(B)(ii)(B) of the NDPS Act
- Whether the quantum of the seized narcotic is below the commercial quantity threshold for denial of bail
- Whether the petitioner’s clean antecedent warrants bail despite the nature of the offence
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(B)(ii)(B), 8
Subjects
- bail
- NDPS Act
- drug offence
- quantum of narcotics
- clean antecedent
- police attendance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88242 of 2025
Arising Out of PS. Case No.-232 Year-2025 Thana- PARSA District- Saran
======================================================
Sipahi Rai @ Sipahi Kumar Rai S/O Shri Jagarnath Rai R/O Village- Parsona,
P.S- Parsa, District- Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kunal Singh
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary
Mr. Shyam Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 24-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Parsa P.S. Case No. 232 of 2025 registered for the offence under
Sections 8, 20(B)(ii)(B) of the NDPS Act.
3. As per the prosecution case, the recovery is of
3.844 kg of Ganja.
4. The petitioner is in custody since 30.07.2025.
5. Learned counsel for the petitioner submits that
the petitioner is innocent and he has falsely been implicated in
this case. He further submits that the alleged recovery of ganja
is less than commercial quantity and the petitioner has no
criminal antecedent.
Patna High Court CR. MISC. No.88242 of 2025(4) dt.24-03-2026
2/2
6. Considering the quantum of recovery and the
period of custody of the petitioner, this application is allowed.
7. Let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Special Judge, Saran/concerned Court below in
connection with Parsa P.S. Case No. 232 of 2025.
8. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at Parsa
Police Station on every Sunday of each month. Any default in
appearance at the police station will result in cancellation of bail
bonds of the petitioner.
9. As the petitioner claims to have clean
antecedent, the Court below, before accepting the bail bonds of
the petitioner is directed to verify the antecedent of the
petitioner. If the petitioner is found to be involved in any other
case then the bail bonds of the petitioner shall not be accepted.
(Sandeep Kumar, J)
Vikas/-
U
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