Gautam Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.91881 of 2025 Arising Out of PS. Case No.-205 Year-2025 Thana- BIHPUR District- Bhagalpur ====================================================== Gautam Rai S/O Ghutar Mandal @ Ghuran Mandal R/O Village-Satish Nagar Pasraha, P.S-Khagaria, District-Khagaria, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Swarna Roy, Advocate For the Opposite Party/s :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 28-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 8(c), 21(c), 25 and 29 of the N.D.P.S. Act.

3. The case of the prosecution is that the police had information that two ladies are carrying contraband. They are arriving in Awadh Assam train. In a XUV-300 having Reg. No. BR 10A C 9025 and they are proceeding towards Naugachia. The ladies are trading in contraband. On this information, the vehicle is being checked. The said vehicle was intercepted and the driver of the vehicle started fleeing away but he was apprehended and identified as the petitioner. It is further alleged that from the possession of this petitioner, only one mobile was

Patna High Court CR. MISC. No.91881 of 2025(2) dt.28-01-2026 2/3 recovered whereas from the possession of ladies, altogether, 2098.41 grams of brown sugar was recovered which was concealed by the ladies in their clothes.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that the petitioner is merely a driver of the said vehicle and he has no knowledge regarding the said contraband. It has also been submitted that nothing has been recovered from the possession of this petitioner. Recovery, if any, has been made from the possession of the ladies. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 19.08.2025.

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

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 released on bail in connection with Bihpur P.S. Case No. 205 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.91881 of 2025(2) dt.28-01-2026 3/3 each to the satisfaction of learned A.D.J.-1st, Bhagalpur. (Ashok Kumar Pandey, J) shubham/- U T