Raju Kumar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85056 of 2025 Arising Out of PS. Case No.-38 Year-2025 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Raju Kumar Rai S/O Surendra Ray R/O Village - Masad, P.S- Udwant Nagar, District - Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Vaishnavi Singh, Advocate For the Opposite Party/s :
Mr.Anuj Kumar Shrivastava, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-01-2026 Heard learned counsel for the petitioner and learned APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with Udwant Nagar PS Case No. 38 of 2025 instituted for the offences under Sections 20(b)(ii)(c), 25, 27(a) & 29 of the NDPS Act.
3. Prosecution allegation, in short, is that there is recovery of 30.500 Kg ganja from the car.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. The name of the petitioner has been disclosed by the co-accused Ankit Raj. The alleged recovery of Ganja has been made from the vehicle. The petitioner is neither owner nor driver of the said vehicle. The petitioner has not been apprehended on the spot.
Patna High Court CR. MISC. No.85056 of 2025(2) dt.13-01-2026 2/3 Learned counsel for the petitioner submits that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. He further submitted that no specific role has been attributed towards the petitioner with respect to the alleged recovery of Ganja. The alleged car has been booked by co-accused Ankit Raj from the Raj Tour and Travel, Saran, Chapra. He further submitted that the co-accused Abhimanyu Singh and Deepak Kumar left the bags and fled away upon seeing the Police. It has been submitted on behalf of the petitioner that the petitioner is in custody since 23.01.2025 and has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Udwant Nagar PS Case No. 38 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of
Patna High Court CR. MISC. No.85056 of 2025(2) dt.13-01-2026 3/3 the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) manish/- U T