Patna High Court
Bihari RaiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.
Summary
The petitioner, Bihari Rai, sought bail in an NDNDPS case (Cr. Misc. No.9381 of 2026) where he was charged under Sections 8, 17(b) and 18(b) of the Narcotic Drugs and Psychotropic Substances Act and Section 111 of the Bihar Narcotic Substances Act, 2023. The prosecution’s case was that 1.01 kg of opium was recovered from co‑accused Subodh Sah, while only a mobile phone was seized from the petitioner. The petitioner contended that he had no involvement in the drug seizure, possessed no contraband, had no prior criminal record, and had been in judicial custody since 10‑08‑2025. He also highlighted that the co‑accused had already been granted bail in a related matter. After hearing both sides, the Court found the petitioner's claim credible and deemed the evidence insufficient to deny bail. Consequently, the Court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the petitioner under the NDPS Act and Bihar Narcotic Substances Act given the nature of the alleged offences.
- Whether the presence of only a mobile phone in the petitioner's possession and the bail granted to a co‑accused affect the bail decision.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 111
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 17(b), 18(b), 8
Subjects
- bail
- NDPS Act
- drug trafficking
- criminal antecedent
- surety
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9381 of 2026
Arising Out of PS. Case No.-350 Year-2025 Thana- CHIRAIYA District- East Champaran
======================================================
Bihari Rai Son of Late Sukhal Rai @ Late Sukhal Ray R/o Village -
Mohadipur, PS. - Chiraiya, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar No.III, Adv.
For the Opposite Party/s : Mrs. Rina Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection with
N.D.P.S. G.R. Case No. 108 of 2025 arising out of Chiraiya P.S.
Case No. 350 of 2025 registered for the offence punishable under
Sections 8, 17(b) and 18(b) of the N.D.P.S. Act and Section 111 of
the B.N.S., 2023.
3. The case of the prosecution in short is that altogether
1.01 kg of opium was recovered from the possession of one
Subodh Sah and from the possession of this petitioner, one mobile
was recovered.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
offence. He has been falsely implicated in this case. He also
submits that save and except mobile phone, nothing has been
Patna High Court CR. MISC. No.9381 of 2026(2) dt.19-02-2026
2/2
recovered from the possession of this petitioner. He also submits
that Subodh Sah on whose possession opium was recovered has
already been granted bail by the learned coordinate bench of this
court vide Cr. Misc. No. 7548 of 2026. He further submits that a
statement has been made in para 3 of the petition that petitioner
has no criminal antecedent and he is languishing in judicial
custody since 10.08.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail bond
of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the
like amount each to the satisfaction of the learned Sessions
Judge/Special Judge NDPS Act, East Champaran, Motihari in
connection with N.D.P.S. G.R. Case No. 108 of 2025 arising out of
Chiraiya P.S. Case No. 350 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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