Patna High Court
Sanjeev Tiwari @ Sanjiv TiwaryversusThe State Of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Sanjeev Tiwari, a driver, applied for bail in a case where police seized 682.7 kg of ganja from a truck and 3.15 kg from a Creta car, alleging offences under Sections 8 and 20(b)(ii)(c) of the NDPS Act. He contended that he had no possession of the drugs, was falsely implicated, and that the seizure violated Section 105 of the Bihar Narcotic Substances Act. The State opposed bail, citing the large quantity seized. The court noted the petitioner’s lack of criminal antecedent, his role merely as a driver, and procedural lapses in the seizure. Considering these factors, the court ordered that bail be granted on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to a driver accused under Sections 8 and 20(b)(ii)(c) of the NDPS Act for alleged possession of a large quantity of narcotics.
- Whether the seizure complied with Section 105 of the Bihar Narcotic Substances Act.
- Whether the quantity seized constitutes a commercial quantity warranting denial of bail.
Legislation cited
Subjects
- bail
- NDPS Act
- drug seizure
- commercial quantity
- procedural lapse
- driver
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5303 of 2026
Arising Out of PS. Case No.-364 Year-2025 Thana- BARACHATTI District- Gaya
======================================================
Sanjeev Tiwari @ Sanjiv Tiwary S/O Late Ramdhari Tiwary @ Ramdhari
Tiwari Resident of Village- Subhash Nagar, Dehri, P.S.- Dehari, District-
Rohtas
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aryan Singh, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Barachatti P.S. Case No. 364 of 2025 registered for the
offence punishable under Sections 8 and 20(b)(ii)(c) of NDPS
Act.
3. The case of the prosecution, in short, is that one
truck and one Creta car were searched and from the truck,
altogether 682.7 kg. Ganja whereas from the Creta car, 3.15 kg
ganja was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.5303 of 2026(2) dt.04-02-2026
2/2
case. He is only the driver of the said car. Nothing has been
recovered from his possession. The witnesses of the seizure list
are police personnel. Police has not complied Section 105 of
B.N.S.S. while making the seizure. It has further been submitted
that the quantum of the alleged recovery is though more than
small quantity but is much less than commercial quantity.
Petitioner is having no criminal antecedent and he is languishing
in judicial custody since16.10.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for 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 enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Sessions Judge-cum-Special Judge, NDPS Act, Gayaji in
connection with Barachatti P.S. Case No.364 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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