Salauddin Ansari @ Salaudin Ansari @ Salahuddin Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35663 of 2025 Arising Out of PS. Case No.-53 Year-2025 Thana- ATRI District- Gaya ====================================================== Salauddin Ansari @ Salaudin Ansari @ Salahuddin Ansari S/o Late Muslim Ansari R/o Village- Gopalpur, P.S.- Sherghati, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dheeraj Kumar, Advocate For the Opposite Party/s :
Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 13-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Atri P.S. Case No.53 of 2025 registered under Section 8, 20 (b) (ii) (B) and 22 of the N.D.P.S. Act.
3. As per the prosecution case, there is recovery of 4.276 kg of Ganja like substance from the bag of the petitioner, who was sitting on the Tempoo.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Further submission is that the seized material does not belong to the petitioner. Nothing has been recovered from the conscious possession of the petitioner. There is violation of mandatory provisions of search and seizure. Petitioner is a handicapped person, who was only a passenger on the seized Tempoo, from which alleged contraband was recovered. It is
Patna High Court CR. MISC. No.35663 of 2025(3) dt.13-08-2025 2/2 also submitted that co-accused Rajesh Kumar Sinha, who was driver of the seized Tempoo, has already been granted bail by a Co-ordinate Bench of this Court vide order dated 30.04.2025 passed in Cr. Misc. No. 24223 of 2025. The charge-sheet has already been submitted in this case and there is no chance of absconding of the petitioner or tampering with the evidence. It is also submitted that petitioner has one criminal antecedent which does not belong to the N.D.P.S. Act. Petitioner is in custody since 08.02.2025 and he undertakes to cooperate in the trial.
5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.
6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge, N.D.P.S. Act, Gaya in connection with Atri P.S. Case No.53 of 2025.
(Sunil Dutta Mishra, J) utkarsh/- U T