Sunil Kumar Ray @ Sikandar Ray v. The 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 ====================================================== Sunil Kumar Ray @ Sikandar Ray S/o- Umesh Ray Resident of VillageChakasahauli 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 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 2/3 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 3/3 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