Sanjay Bahardar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70482 of 2025 Arising Out of PS. Case No.-63 Year-2025 Thana- FULKAHA District- Araria ====================================================== Sanjay Bahardar S/O Vidyanand Bahardar @ Bidyanand Bahardar R/O Vill.- Ward no. 3, Dumariya, P.S.- Forbesganj, Dist.- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Fulkaha PS Case No. 63 of 2025 instituted for the offences under Sections 8 & 20(b)(ii)(c) of the NDPS Act. 3.

The prosecution case, in short, is that on 16.05.2025 at about 23:50 hours, acting on secret information, a police team intercepted four persons coming from Nepal carrying sacks. One accused, namely Arun Bahardar, was apprehended, and 115 kg of Ganja was recovered from his possession. He disclosed that the contraband belonged to Ravi Sah, Sanjay Bahardar (petitioner) and Kundan Sah. 4.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.70482 of 2025(2) dt.08-10-2025 2/3 petitioner is innocent and has falsely been implicated in the present case. Charge-sheet been submitted in this case. Petitioner was not apprehended from the spot. Learned counsel for the petitioner further submits that petitioner has no concern with the recovered contraband. Learned counsel next submits that from perusal of the FIR, it would manifest that nothing has been recovered from the possession of the petitioner. The petitioner is in custody since 25.05.2025 and has got two criminal antecedents. 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, manner of petitioner's implication and 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, after framing of charge, if not already framed, 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 Fulkaha PS Case No. 63 of 2025, subject to the following conditions:

Patna High Court CR. MISC. No.70482 of 2025(2) dt.08-10-2025 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T