Sanjit Ray @ Sanjeet Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71176 of 2025 Arising Out of PS. Case No.-92 Year-2025 Thana- BALIGAON District- Vaishali ====================================================== Sanjit Ray @ Sanjeet Rai S/O Sukhari Ray Resident of Village- Imadpur, Police Station- Baligaon, District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anish Kumar, Adv.
For the Opposite Party/s :
Mr.Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-10-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Baligaon P.S. case No. 92 of 2025 instituted for the offences under Sections 8(c), 21(b), 25 of the N.D.P.S. Act.
3. As per prosecution case, the police has recovered 8.46 Grams of Heroin from the house of the petitioner.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case merely on the basis of suspicion. The alleged recovery of Heroin has been made from the joint house of the petitioner. Charge-sheet has been submitted in this case. Petitioner is in custody since 12.06.2025 and has two criminal antecedents in which the
Patna High Court CR. MISC. No.71176 of 2025(2) dt.13-10-2025 2/2 petitioner is on bail. There is no allegation of tampering of witnesses alleged against the petitioner. No incriminating material has been recovered from the conscious possession of the petitioner. 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 Sections 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 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.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Baligaon P.S. case No. 92 of 2025.
(Rudra Prakash Mishra, J) rishi/- U T