Atmaram Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76068 of 2025 Arising Out of PS. Case No.-105 Year-2025 Thana- KANHAULI District- Sitamarhi ====================================================== Atmaram Rai S/o Upendra Rai Resident Of Village- Ga. Bi. Sa. Bagdah, Ward No 5, Thana- Bagdah, District- Sarlahi (Nepal) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Jha, Advocate For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 16-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 8, 20(B)(ii)(B) of the N.D.P.S.

3. As per the prosecution case, on the basis of secret information, the petitioner was chased and apprehended along with his motorcycle. Upon search, 10 kg of ganja was recovered from under the seat in a red foil, and a white sack was tied to the motorcycle.

4. Learned counsel for the petitioner submits that no doubt recovery of 10 kg of ganja like substance has been shown from the motorcycle, which it has been alleged that the petitioner was riding, the said motorcycle did not belong to him and he had no knowledge of the said substance being present under the seat of the said motorcycle. It has further been

Patna High Court CR. MISC. No.76068 of 2025(4) dt.16-02-2026 2/2 submitted that the mandatory provisions under the N.D.P.S. Act were also not followed and the recovery is that of an intermediate quantity of ganja. The petitioner is in custody since 09.07.2025 with no criminal antecedent and charge-sheet has been submitted.

5. Learned APP for the State opposed the grant of bail considering the fact that the recovery of narcotic was made from the motorcycle upon which the petitioner was riding, who was chased and caught along with motorcycle and the said seizure was made in the presence of witnesses, hence, the petitioner does not deserve the privilege of bail.

6. Taking into consideration the facts and circumstances and considering the fact that petitioner was chased and arrested along with motorcycle from which recovery of 10 ganja was made, this Court is not inclined to grant the privilege of bail to the petitoner at this stage. Accordingly, the prayer of the petitioner for bail is hereby rejected in connection with Kanhauli P.S. Case No.105 of 2025. (Soni Shrivastava, J) anand/- U T