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Patna High Court

Sipahi Rai @ Sipahi Kumar RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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