Patna High Court
Sanjay Ray @ Sanjay RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner, subject to a bond and conditions.
Summary
The petitioner, Sanjay Ray, was arrested on 19 June 2025 in connection with NDPS Case No. 117 of 2025 for alleged offences under the Bihar Narcotic Substances (BNS) Act, 2023 and the NDPS Act. No narcotic article was recovered from his possession; the 16.67 grams of smack was seized from co‑accused Sudha Kumari, who had already been granted bail by a coordinate bench. The petitioner contended that he was falsely implicated merely for being present at the scene. The State opposed bail, noting a similar pending case, but acknowledged that the petitioner was already on bail in that matter. The High Court, after noting the absence of incriminating material against the petitioner and the bail granted to the co‑accused, ordered his release on bail with a bond of Rs.10,000 and specific conditions, including cooperation with the trial and non‑tampering with evidence.
Issues considered
- Whether bail should be granted to the petitioner when no incriminating article was recovered from his possession.
- Whether the existence of another pending case of similar nature affects the grant of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(b), 25, 29, 8
Subjects
- bail
- NDPS Act
- drug offence
- seizure of narcotics
- co‑accused
- no incriminating article
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90983 of 2025
Arising Out of PS. Case No.-844 Year-2025 Thana- AHIYAPUR District- Muzaffarpur
======================================================
Sanjay Ray @ Sanjay Rai Son of Ramadhar Ray Resident of Village/
Mohalla- Chainpur, P.S.- Katra, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nachiketa Jha, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-01-2026 Heard Mr.Nachiketa Jha, learned counsel for the
petitioner and Mr.Sanjay Kumar Sharma, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
19.06.2025 in connection with NDPS Case No. 117 of 2025,
arising out of Ahiyapur P.S.Case No.844/2025, F.I.R. dated
18.06.2025 registered for the offence punishable under Sections
318(4),338,336(3),3(5) of BNS, 2023 as well as Sections
8,21(b),25,29 of NDPS, Act.
3. Recovery is of 50 Puriya total 16.67 Gms of
Smack.
4. Learned counsel appearing for the petitioner
submits that the petitioner has falsely been implicated in the
present case merely on the ground that he was standing near the
Patna High Court CR. MISC. No.90983 of 2025(2) dt.13-01-2026
2/3
place of occurrence. It appears from the FIR as well as the
seizure list that no incriminating article has been recovered from
possession of the petitioner rather the recovery has been made
from co-accused person, namely, Sudha Kumari and altogether
16.67 Gms of Smack has been recovered from co-accused
person, namely, Sudha Kumari and she has been granted bail
bail by a Coordinate Bench of this Hon’ble Court vide order
dated 19.11.2025 passed in Cr. Misc. No.78894 of 2025. The
police, after investigation, submitted chargesheet against the
petitioner and the petitioner is in custody since 19.06.2025.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner carries
one more case of similar nature other than the present one but
fairly submits that the petitioner is on bail in the said case, as
mentioned in para-3 of the bail petition.
6. Considering the aforesaid facts, no incriminating
article has been recovered from possession of the petitioner and
co-accused person, namely, Sudha Kumari has been granted bail
bail by a Coordinate Bench of this Hon’ble Court, let the
petitioner, above named, be released on bail 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,
Patna High Court CR. MISC. No.90983 of 2025(2) dt.13-01-2026
3/3
NDPS Court No.-II, Muzaffarpur in connection with NDPS
Case No. 117 of 2025, arising out of Ahiyapur P.S.Case
No.844/2025, with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
Checking your session…