Sanjeev Tiwari @ Sanjiv Tiwary v. The State Of Bihar

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, DistrictRohtas ... ... 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 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