Ganesh Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74232 of 2025 Arising Out of PS. Case No.-815 Year-2024 Thana- SONEPUR District- Saran ====================================================== Ganesh Ray S/o- Yadunandan Ray R/v- Shahpur Diyara Ps- Sonepur DistSaran at Chapra ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Shilpi Keshri, Advocate For the Opposite Party/s :
Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-02-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. 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, 29 of the NDPS Act.
3. Prosecution allegation, in short, is that the total 2.700 kgs of Ketamine along with several other illegal drugs have been recovered in this case.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is in custody since 11.04.2025 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Learned
Patna High Court CR. MISC. No.74232 of 2025(3) dt.03-02-2026 2/2 counsel further submits that petitioner was not present on the spot. He further submitted that the alleged recovery has been made from the joint house of the petitioner where other family members also reside, however, no incriminating article has been recovered from the conscious possession of the petitioner.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned A.P.P. submits that recovered contraband is above the commercial quantity, hence, there is bar under Section 37 of the N.D.P.S. Act.
6. Considering the aforesaid facts and circumstances of the case and recovery of contraband beyond commercial quantity coupled with embargo under Section 37 of the N.D.P.S. Act, this Court is not inclined to grant bail to the petitioner.
7. The prayer is rejected.
(Rudra Prakash Mishra, J) Alok Verma/- U T