Sanjay Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70811 of 2025 Arising Out of PS. Case No.-261 Year-2025 Thana- BUDDHACOLONY District- Patna ====================================================== Sanjay Sharma S/O Hira Sharma Resident of vill.- G.R.P Near Police Line, China Kothi, P.S- Buddha Colony, Dist.- Patna ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar, Advocate For the Opposite Party/s :
Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 08-10-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Section 8, 20 (b) (ii) (B) of the NDPS Act, 1985 and Section 30 (a) of the Bihar Prohibition and Excise Act.
3. The case of the prosecution is that acting on secret information, the police conducted a raid at a 'hut' where the petitioner along with others were sitting. It is alleged that from the said place, 3.38 K.G. of 'ganja' and two bottles of wine was recovered.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that
Patna High Court CR. MISC. No.70811 of 2025(2) dt.08-10-2025 2/2 nothing has been recovered from the conscious possession of this petitioner. It is further submitted that all the witnesses are seizure list witnesses. It is further submitted that similarly situated co-accused person has been granted bail by a Bench of this Court vide order dated 24.09.2025 passed in Cr. Misc. No. 68372 of 2025. It is also submitted that quantity of contraband 'ganja', which is alleged to have been recovered, is though more than small quantity, yet is much less than commercial quantity. Moreover, the petitioner is languishing in judicial custody since 30.06.2025 having no criminal antecedent.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Buddha Colony P.S. Case No. 261 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge/Special Judge (NDPS), Patna. (Ashok Kumar Pandey, J) Jagdish/- U T