Satyendra Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51253 of 2025 Arising Out of PS. Case No.-687 Year-2024 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Satyendra Ray S/O Late Awadh Bihari Singh @ Late Awadh Bihari Resident of Village- Kochgaon, PS- Warisaliganj, District- Nawada, At Present Residing at Village- Pipra Near Shiv Mandir, Ward No 15, P.S.- Ratanpur, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar, Adv.

For the Opposite Party/s :

Mr.Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with N.D.P.S. Case No. 73 of 2024 arising out of Begusarai Town P.S. Case No. 687 of 2024 instituted for the offences under Sections 8/20 (b) (ii) (c) of the N.D.P.S. Act.

3. As per prosecution case, the police has recovered 7.29 Kg. Ganja, 7.77 Kg. mixture of Ganja and tobacco and 1.88 Kg. danti of Ganja from the possession of the petitioner and co-accused Ankit Kumar.

4. Learned counsel for the petitioners submitted that the petitioner has falsely been implicated in the present case.

Patna High Court CR. MISC. No.51253 of 2025(2) dt.11-08-2025 2/3 Petitioner is in custody since 28.12.2024 and has no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Nothing incriminating has been recovered from the conscious possession of the petitioner rather the alleged contraband has been recovered from the Vikash Tiles Godown and shop and the petitioner has no concern with the same. The petitioner has never indulged in trading of Ganja and, merely on suspicion, he has been apprehended in this case. The recovered contraband is below commercial quantity, and hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. There is no compliance of Section 42 and 50 of the N.D.P.S. Act.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with N.D.P.S. Case No.

Patna High Court CR. MISC. No.51253 of 2025(2) dt.11-08-2025 3/3 73 of 2024 arising out of Begusarai Town P.S. Case No. 687 of 2024.

(Rudra Prakash Mishra, J) rishi/- U T