Sailendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27014 of 2026 Arising Out of PS. Case No.-12 Year-2025 Thana- DEHRI ON SONE RAIL P.S. DistrictGaya ====================================================== Sailendra Rai Son of Meras Rai Resident of Village - Murbakhas, Police Station - Isuapur, District - Chapra (Saran). ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Aryan Singh For the Opposite Party/s :

Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-07-2026 Heard the learned counsel for the petitioner and the learned APP for the State.

2. This is the 2nd attempt of the petitioner for regular bail in connection with Dehri On Sone Rail P.S. Case No. 12 of 2025 registered for the offence under Section(s) 8, 17(c), 18(c), 20(b)(ii)b and 22 of the NDPS Act.

3. As per the prosecution case, a total of 75.900 kg of opium husk, 1 kg of processed opium and 300 grams of Doda Poppy were recovered from the joint possession of the petitioner and the co-accused. Out of this, 13 kg of opium husk was specifically recovered from the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. The

Patna High Court CR. MISC. No.27014 of 2026(3) dt.03-07-2026 2/3 petitioner is in custody since 21.03.2025 and claims clean antecedents. It is further submitted that the commercial quantity of opium husk is 50 kg, whereas the alleged recovery is 13 kg from the personal possession of the petitioner.

5. Learned A.P.P. has vehemently opposed the prayer for bail.

6. Considering the aforesaid facts and circumstances, the period of custody, the delay in trial and the fact that the recovery is of intermediate quantity, this application for regular bail is allowed.

7. Accordingly, 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 Court below where the case is pending/successor Court in connection with Dehri On Sone Rail P.S. Case No. 12 of 2025 subject to condition that:- (i). The petitioner will mark his attendance at the Isuapur Police Station on every Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner.

(ii). The petitioner shall appear in the trial regularly either personally or through his lawyer and shall cooperate in the trial and non-cooperation in the trial

Patna High Court CR. MISC. No.27014 of 2026(3) dt.03-07-2026 3/3 shall result in cancellation of the bail bond of the petitioner.

(iii). the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; (iv). the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

8. It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any manner.

(Sandeep Kumar, J) Shishir/- U T