Milan Rai @ Miloa Gope v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31027 of 2026 Arising Out of PS. Case No.-334 Year-2024 Thana- RAGHOPUR District- Vaishali ====================================================== Milan Rai @ Miloa Gope S/O Late Nagina Rai R/O Vill.- Devchan, Devchand, P.S.- Rustampur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravish Mishra, Advocate For the Opposite Party/s :

Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 11-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in connection with a case registered for the offences punishable under Sections 8/20(b)(ii)(B) of the NDPS Act.

3. The prosecution case, in brief, is that altogether 6.150 kg of ganja-like contraband was recovered from the possession of one Tejan Rai.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. It is further submitted that the name of the petitioner has surfaced only on the basis of the statement of the co-accused. No recovery has been made from the conscious possession of the petitioner; rather, the alleged recovery has been made from co-accused Tejan Rai. It is also submitted that the said co-accused, namely Tejan Rai, has already been granted

Patna High Court CR. MISC. No.31027 of 2026(2) dt.11-05-2026 2/2 bail by a learned Co-ordinate Bench of this Court. Learned counsel further submits that the petitioner is in judicial custody since 30.01.2026 and has four criminal antecedents.

5. Learned APP appearing for the State has opposed the prayer for regular bail.

6. Considering the aforesaid facts and circumstances of the case, particularly the fact that no recovery has been made from the possession of the petitioner and that the co-accused from whose possession the alleged contraband was recovered has already been granted bail, this Court is inclined to enlarge the petitioner on bail.

7. Accordingly, the above-named petitioner is directed to be released on bail in connection with Raghopur P.S. Case No. 334 of 2024, upon furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions-cum-Special Judge, NDPS Act, Vaishali at Hajipur.

(Ashok Kumar Pandey, J) Jagdish/- U T