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Patna High Court

Sanjeev Tiwari @ Sanjiv TiwaryversusThe State Of Bihar

Decided
Disposal
ALLOWED

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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