Ravindra Rai @ Ravindra Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63721 of 2025 Arising Out of PS. Case No.-68 Year-2025 Thana- HARPUR District- East Champaran ====================================================== Ravindra Rai @ Ravindra Ray S/o Late Phulena Rai @ Phulena Ray @ Fulena Ray R/o Village- Amwa, P.S.- Turkauliya, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 67903 of 2025 Arising Out of PS. Case No.-68 Year-2025 Thana- HARPUR District- East Champaran ====================================================== Naushad Alam @ Naushad Ali S/o Late Rajak Miyan R/o Village- Jamunbhar, P.S.- Adapur, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 63721 of 2025) For the Petitioner/s :
Mr.Abhishek Kumar Mr. Harsha Shashwat For the Opposite Party/s :
Mr.Pranav Kumar (In CRIMINAL MISCELLANEOUS No. 67903 of 2025) For the Petitioner/s :
Mr.Bimlesh Kumar Pandey For the Opposite Party/s :
Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 12-12-2025 As both these bail applications arise from the same police station case number, hence, with consent of parties, they are being heard together and disposed of by this common order.
2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
3. The petitioners seek bail in a case registered for the offence punishable under Section 111(2) of the B.N.S. and Sections 8/23(c)/20(b)(ii)(c)/25/29 of the N.D.P.S. Act.
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4. Allegation in the first information report is that upon intervention by the police team over a vehicle, 7-8 persons tried to flew away but were apprehended and the petitioner Ravindra Rai in Cr. Misc. No. 63721 of 2025 was one of the persons arrested on the spot.
5. Learned counsel for the petitioner of Ravindra Rai has submitted that upon perusal of the First Information Report it would be evident that there is a recovery of 13.5 kg of Ganja from the bag of the petitioner while some other recovery was made from other co-accused persons. It has been further submitted that the recovery is below the commercial quantity and the mandatory procedures under the N.D.P.S. Act have not been complied with. It has also been submitted that one of the similarly situated co-accused persons Nawal Prasad Yadav, who was arrested along with the petitioner Ravindra Rai, has already been granted bail by a coordinate Bench of this Court vide order dated 12.12.2025 passed in Cr. Misc. No. 84037 of 2025. The petitioner is in custody since 26.05.2025 with no criminal antecedent and charge-sheet has been submitted.
6. So far as the petitioner Naushad Alam of Cr. Misc. No. 67903 of 2025 is concerned, he was not arrested on the spot rather his name has been disclosed during the course of
3/4 investigation by the co-accused Nawal Prasad Yadav who as indicated above has already been granted bail by a coordinate Bench of this Court. It has further been submitted that the name of this petitioner Naushad Alam has been taken with regard to the fact that the consignment was to be delivered to the petitioner. However, no substantive material has been collected during the course of the investigation in order to substantiate the said fact. The charge-sheet has been submitted in absence of the FSL report. The petitioner Naushad Alam is in custody since 06.06.2025.
7. Learned APP for the State has opposed the application for bail on the ground that the petitioner Naushad Alam has criminal antecedents but it has been submitted that he is on bail in all the cases and some of the orders indicate that he has been implicated on account of enmity as his wife is the elected member of the Panchayat.
8. Taking into consideration the facts and circumstances and also considering that so far as petitioner Ravindra Rai is concerned, the recovery is below commercial quantity and he is in custody since 26.05.2025 with charge-sheet having been submitted and no criminal antecedent and so far as Naushad Alam is concerned, no recovery has been made from
4/4 his possession, let the above named petitioners, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Harpur P.S. Case No. 68 of 2025, subject to the conditions that: (I) One of the bailors would be the family member or relative.
(II) The petitioners would appear physically on each and every date in the learned court below till framing of charge and would totally cooperate in getting the charges framed.
(III) In case, these petitioners are found accused in any other case under the N.D.P.S. Act, the present bail shall also stand automatically cancelled.
(Soni Shrivastava, J) devendra/- U T