Ram Balak Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35153 of 2026 Arising Out of PS. Case No.-713 Year-2025 Thana- BIDUPUR District- Vaishali ====================================================== Ram Balak Ray S/o Late Asharfi Ray, R/o Mail, P.S.- Bidupur, Dist.- Vaishali. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. N.K. Agarwal, Sr. Advocate For the State :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANSUL ORAL ORDER 21-05-2026 The matter was heard via video conferencing mode.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner seeks bail in connection with Bidupur P.S. Case No. 713 of 2025 (NDPS Gr. 12 of 2026) registered for the offences punishable under Sections 8, 20(B)IIB and 29 of the N.D.P.S. Act.

4. As per prosecution case, 18.515 kg of ganja was recovered from the house of the petitioner.

5. Mr. N.K. Agarwal, the learned senior counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that recovery has been made from the joint family house of the petitioner and moreover, the recovery is below the commercial

Patna High Court CR. MISC. No.35153 of 2026(2) dt.21-05-2026 2/3 quantity and therefore Section 37 of the NDPS Act is not attracted in this case. Learned counsel lastly submits that petitioner has clean antecedent and he is in custody since 31.12.2025.

6. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

7. Considering the aforesaid facts and circumstances of the case and also the fact that the quantity of recovered contraband is less than commercial quantity and further considering petitioner's clean antecedent and his period of custody, this Court is inclined to grant bail to the petitioner.

8. Accordingly, let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned District and Additional Sessions Judge-II, Vaishali at Hajipur, in connection with Bidupur P.S. Case No. 713 of 2025 (NDPS Gr. 12 of 2026).

9. It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observation shall not be construed as an expression on the merits of the case

Patna High Court CR. MISC. No.35153 of 2026(2) dt.21-05-2026 3/3 and shall not influence the trial or any other proceedings in any manner.

(Ansul, J) Shahnawaz/- U T