Patna High Court
Amod Rai @ Amod KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The court denied the petitioner's bail application.
Summary
The petitioner, Amod Rai, applied for regular bail in a case where 15 kilograms of ganja were allegedly recovered from his bedroom under sections 20(ii)(B), 25 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The prosecution contended that the large quantity of narcotics justified denial of bail, while the petitioner argued that no incriminating article was found in his possession and that he was falsely implicated, having no prior similar offences. The court examined the seriousness of the offence, the amount of narcotics seized, and the risk of the petitioner absconding. Considering the gravity of the charge and the substantial seizure, the court declined to grant bail. However, the court permitted the petitioner to file a fresh bail application after completing one year of custody.
Issues considered
- Whether regular bail should be granted in an NDPS case involving the seizure of 15 kg of ganja.
- Whether the petitioner’s claim of no incriminating article in his possession affects the bail decision.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(ii)(B), 25, 29
Subjects
- bail
- NDPS Act
- drug seizure
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91743 of 2025
Arising Out of PS. Case No.-903 Year-2025 Thana- SONEPUR District- Saran
======================================================
Amod Rai @ Amod Kumar Son of Sri Chandeshwar Rai Resident of Village-
Sabalpur, Newal Tola, P.S.- Sonpur, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alexander Ashok, Advocate
For the Opposite Party/s : Mr. Rajiv Nayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 19-03-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Sonepur P.S. Case
no.903 of 2025 registered under sections 20(ii)(B), 25 and 29 of
the N.D.P.S. Act.
3. As per the prosecution case, 15 kgs of ganja was
recovered from the bedroom of the petitioner.
4. Learned counsel for the petitioner submits that no
incriminating article has been recovered either from his
possession or from his bedroom/house. He has been falsely
implicated in the case. He is in custody since 7.9.2025 and
chargesheet has been submitted in the case. He has no
antecedent of a similar nature from before.
5. The application for bail is opposed by learned
Patna High Court CR. MISC. No.91743 of 2025(3) dt.19-03-2026
2/2
A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation of recovery of 15 kgs of
ganja from the bedroom of the petitioner, the Court is not
inclined to enlarge the petitioner on bail and the application is
rejected.
7. Liberty is granted to the petitioner to renew his
prayer for bail on completing one year in custody.
(Partha Sarthy, J)
Saurabh/-
U T
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