Devendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78 of 2026 Arising Out of PS. Case No.-259 Year-2024 Thana- BELA District- Sitamarhi ====================================================== Devendra Rai S/o Dukha Rai Resident of Village- Malahi, P.S.- Bela, DistSitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-02-2026 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, 27(a), 20(b)(ii) C, 22 and 23 of the N.D.P.S. Act.

3. The case of the prosecution is that from a scorpio, altogether 107.80 kg of ganja was recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has submitted that those person who was in the scorpio has been granted bail by this court vide Cr. Misc. No. 38414 of 2025. During investigation, Supervising Authority had suspicion that the petitioner has hired that vehicle from Satendra. Learned counsel for the petitioner

Patna High Court CR. MISC. No.78 of 2026(2) dt.05-02-2026 2/2 has further submitted that the name of this petitioner has surfaced only on the basis of suspicion of supervising authority. Nothing has been recovered from his possession. He is not the owner of the vehicle. The case of this petitioner stands on better footing. 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 18.10.2025.

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 Bela P.S. Case No. 259 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (NDPS Act), Sitamarhi.

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