Ram Naresh Ray @ Naresh Ray @ Ram Naresh Rai @ Naresh Rai @ Yadav Ji v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68836 of 2025 Arising Out of PS. Case No.-815 Year-2024 Thana- SONEPUR District- Saran ====================================================== Ram Naresh Ray @ Naresh Ray @ Ram Naresh Rai @ Naresh Rai @ Yadav Ji Son of Yadunandan Ray Resident of Village - Shahpur Diyara, P.S.- Sonepur, District - Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bindhyachal Singh, Sr. Adv.

Mr.Ram Binod Singh, Adv.

Ms. Nikita Mittal, Adv.

For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has earlier moved before a Coordinate Bench of this Court with a prayer for anticipatory bail which was rejected vide order dated 18.03.2025 passed in Cr. Misc. No. 2401 of 2025.

3. The petitioner seeks bail in connection with Sonepur P.S. case No. 815 of 2024 instituted for the offences under Sections 21(c), 22(c), 25 and 29 of the N.D.P.S. Act, 1985.

4. As per prosecution case, the police has recovered huge quantity of drugs namely Ketamin Hydrochloride injection

Patna High Court CR. MISC. No.68836 of 2025(2) dt.25-09-2025 2/3 and Ketamin-50 weighing 2.7 Kg. from the house of co-accused Ganesh Rai and seized the same. According to Drug Inspector, the recovered drugs are in Schedule X category which comes under the ambit of narcotic drug and psychotropic substance.

5. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is in custody since 11.04.2025 and has one criminal antecedent in which he is on bail. Nothing incriminating material has been recovered from the conscious possession of the petitioner rather the alleged contraband has been recovered from the house of co-accused Ganesh Ray. Learned counsel for the petitioner further submits that the petitioner lives separately in his own house. He is separate from his brother co-accused Ganesh Ray and has nothing to do with his mess and business and the seized Scorpio vehicle also does not belong to the petitioner. The name of the petitioner has surfaced in this case on the basis of the disclosures made by the local Chowkidar.

He further submits that the seized articles were not sent by the raiding team to the forensic laboratory for its examination. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.

Patna High Court CR. MISC. No.68836 of 2025(2) dt.25-09-2025 3/3 ordinate Bench of this Court vide orders dated 25.04.2025, 25.07.2025 and 06.08.2025 passed in Cr. Misc. Nos. 12 of 2025, 6415 of 2025 and 45997 of 2025 respectively.

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

7. Considering the aforesaid facts and circumstances of the case, the period of custody undergone by the petitioner as also the prayer for bail being based on parity, this Court is inclined to grant bail to the petitioner.

8. 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 Sonepur P.S. case No. 815 of 2024.

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