Ravi Kumar @ Ravi Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7610 of 2026 Arising Out of PS. Case No.-173 Year-2025 Thana- MANIYARI District- Muzaffarpur ====================================================== Ravi Kumar @ Ravi Ray, S/O Raj Kishore Ray, R/O Vill.- Tarora Gopalpur, P.S.- Mushhari @ Mushahari, Dist.- Muzaffarpur, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sagar Kumar, dvocate For the Opposite Party/s :
Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 16-04-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 8 and 20 (b)(ii)(c) of the N.D.P.S. Act.
3. The case of the prosecution, in short, is that police received a secret information that a four wheeler bearing registration no. BR06AJ-5403 parked abandoned on Maripur Station Road which was likely to contain contraband. Police reached there and recovered ganja about 24.839 kg. from the car.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Learned counsel for the petitioner has
Patna High Court CR. MISC. No.7610 of 2026(4) dt.16-04-2026 2/3 submitted that petitioner has been framed in this case as he is the owner of the said vehicle. Nothing has been recovered from his possession. The seizure list witnesses are police personnel. Police has not complied Section 105 of the B.N.S.S. while making the seizure. It has further been submitted that from very beginning the case of the petitioner is that somebody else has transferred the vehicle in the name of this petitioner only for implicating him in the false case and for this, he has given an application before D.T.O., Muzaffarpur which is annexed as Annexure-P/2. It has further been submitted that the petitioner has also filed a criminal writ regarding the said vehicle in the Hon'ble Court. Judgment is annexed at Annexure-P/4. From perusal of the F.I.R.
itself it is clear that nothing was recovered from the physical possession of the petitioner. The recovery was made from the car which was in abandoned condition. It has further been submitted that for ascertaining possession, the animus and corpus both must be established. In this case, as the petitioner has complained against the appropriate authority regarding fraudulent registration of the vehicle, animus and corpus both are lacking. Petitioner is languishing in judicial custody since 26.09.2025.
5. Learned APP appearing for the State has
Patna High Court CR. MISC. No.7610 of 2026(4) dt.16-04-2026 3/3 vehemently opposed the application for bail and has submitted that petitioner is having criminal antecedent of seven cases.
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 Principal District and Sessions Judge, Muzaffarpur, Bihar in connection with Maniyari P.S. Case No. 173 of 2025. (Ashok Kumar Pandey, J) lata/- U T