Sunil Kumar Ray @ Sikandar RayversusThe Union of India through the NCB, Patna

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.5148 of 2025
                    Arising Out of PS. Case No.-21 Year-2022 Thana- N.C.B (GOVERNMENT OFFICIAL)
                                                        District- Patna
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                  Sunil Kumar Ray @ Sikandar Ray S/o- Umesh Ray Resident of Village-
                  Chakasahauli Police Station- Jandaha District-Vaishali
                                                                         ... ... Petitioner/s
                                                     Versus
            1.     The Union of India through the NCB, Patna Bihar
            2.    The State of Bihar
                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :     Mr. Ranjit Kumar Yadav
                                                 Mr. Saroj Kumar Yadav
                  For the Opposite Party/s :     Mr. Ram Jujabh Singh
                                                 Mr. Radhika Raman
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                        ORAL ORDER

14   12-02-2026                   Heard learned counsel for the petitioner, learned

                    Additional Public Prosecutor for the State and learned counsel

                    for the Union of India.

                                  2. The petitioner seeks bail in a case registered for the

                    offence punishable under Sections 8/20(b)(ii)(c)/25/29 of the

                    NDPS Act.

                                  3. As per FIR, huge quantity of Ganja weighing

                    1459.2 kg was recovered from the truck and the petitioner was

                    apprehended at the spot.

                                  4. Learned counsel for the petitioner submits that the

                    petitioner was only driver of the truck from where the narcotic

                    was seized and he had no knowledge of any incriminating

                    article being carried in the said truck. It has also been submitted
Patna High Court CR. MISC. No.5148 of 2025(14) dt.12-02-2026
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          that there was total non-compliance of Section 50 of the NDPS

          Act and as a matter of fact, three co-accused persons have

          already been granted bail by co-ordinate Benches this Court.

          The petitioner is in custody since 09.10.2022 with no criminal

          antecedent.

                       5. Learned counsel for the Union of Indian, however,

          has opposed the application for bail on the ground that the case

          concerns recovery of commercial quantity of Ganja and the

          same was recovered from the conscious possession of this

          petitioner who was driving the said vehicle.

                       6. A report with regard to the stage of the case had

          been called for and it appears from a report dated 15.07.2025

          that the case is pending at the stage of evidence and there are

          only six charge-sheeted witnesses to be examined on behalf of

          the prosecution upon whom summons had already been issued

          and the next date was kept at 29.07.2025.

                       7.    Taking      into     consideration   the   facts   and

          circumstances and also considering that fact that the petitioner is

          in custody for more three years and there are only six official

          witnesses to be examined on behalf of the prosecution and the

          case concerns recovery of commercial quantity of narcotic

          which was done in the presence of two independent witnesses,
             Patna High Court CR. MISC. No.5148 of 2025(14) dt.12-02-2026
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                       this Court is not inclined to enlarge the petitioner on bail at this

                       stage. Accordingly, his prayer for bail is rejected in connection

                       Official (NCB, Patna) P.S. Case No. 01 of 2022.

                                        8. However, learned court below is directed to

                       conclude the trial preferably within a period of six months.



                                                 (Soni Shrivastava, J)
devendra/-

U      T