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Patna High Court

Sahdeo Ray @ Kailu Ray @ Sahdev Rai @ Keelu RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted as there was no direct material against the petitioner, considering his age and the fact that he is not accused in any other NDPS case.

Summary

The petitioner, a 68‑year‑old man, was arrested in connection with an NDPS case involving the seizure of about 127 kg of ganja, based largely on secret information. He has been in custody since 5 November 2025 and claims there is no direct material linking him to the offence and that he is not involved in any other NDPS case. The State opposed his bail, but the court noted the absence of direct evidence, the petitioner’s advanced age, and his clean record under the NDPS Act. Accordingly, the court allowed bail on the condition of a Rs 10,000 bond with two sureties, subject to verification of his claim of no other NDPS cases. The bail order was directed to be implemented by the Sessions Judge‑c‑m‑Special Judge, NDPS, Supaul.

Issues considered

  • Whether bail can be granted to an accused under the NDPS Act when there is no direct material connecting him to the alleged offence
  • Whether the accused’s age and the fact that he is not involved in any other NDPS case constitute sufficient grounds for bail

Legislation cited

Subjects

  • bail
  • NDPS Act
  • drug offence
  • age factor
  • custody
  • secret information

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.6233 of 2026
                      Arising Out of PS. Case No.-65 Year-2025 Thana- RATANPUR District- Supaul
                 ======================================================
                 Sahdeo Ray @ Kailu Ray @ Sahdev Rai @ Keelu Rai S/o- Late Kusumlal
                 Ray @ Kusumlal Rai R/v- Piprahi W.No-1, Ps- Ratanpura Dist- Supaul
                                                                            ... ... Petitioner
                                                 Versus
                 The State of Bihar                                 ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :        Mr. Arvind Kumar, Advocate
                 For the Opposite Party :        Mr. Umesh Lal Verma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   26-03-2026                    Heard learned counsel for the petitioner and

                   learned APP for the State.

                                  2.        The petitioner seeks bail in connection with

                   N.D.P.S. Case No.86 of 2025, arising out of Ratanpura P.S. Case

                   No.65 of 2025 registered for the offence under sections 8/20(B)

                   (ii)(C)/29 of the N.D.P.S. Act.

                                  3.        It is alleged that about 127 Kgs. of ganja has

                   been recovered near a river.

                                  4.        The petitioner has been made accused in this

                   case on the basis of some secret information. He is in custody

                   since 05.11.2025.

                                  5.        It has been submitted by learned counsel for

                   the petitioner that save and except the present one, the petitioner

                   is not accused in any other case lodged under the N.D.P.S. Act.

                   He further submits that the petitioner is an old person aged

                   about 68 years and there is no direct material to connect the

                   petitioner with the crime.

                                  6.        Learned APP appearing for the State opposes
            Patna High Court CR. MISC. No.6233 of 2026(3) dt.26-03-2026
                                                        2/2




                      the prayer for bail of the petitioner.

                                      7.      Considering the fact that there is no direct

                      material against the petitioner to connect him with the crime, his

                      age and also the fact that he is not accused in any other case

                      lodged under the N.D.P.S. Act, this bail application is allowed.

                                      8.      Let the petitioner, above named, be released

                      on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand)

                      with two sureties of the like amount each to the satisfaction of

                      the learned Sessions Judge-cum-Special Judge, NDPS Act,

                      Supaul / concerned Court below in connection with N.D.P.S.

                      Case No.86 of 2025, arising out of Ratanpura P.S. Case No.65

                      of 2025.

                                      9.      At the time of furnishing bail bonds, the

                      court below shall verify the statement of the petitioner that save

                      and except the present case, he is not accused in any other case

                      lodged under the N.D.P.S. Act. The bail bonds of the petitioner

                      shall only be accepted if the contention of the petitioner is found

                      to be true.

                                                                 (Sandeep Kumar, J)

pawan/-
U       T


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