Raghunath Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75601 of 2025 Arising Out of PS. Case No.-418 Year-2025 Thana- MALSALAMI District- Patna ====================================================== Raghunath Ray S/o Late Jailal Ray Resident of Ranipur, P.S.- Mehandiganj, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Khushi Awadh, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-11-2025 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Malsalami PS Case No. 418 of 2025 instituted for the offences under Sections 8 & 20(b)(ii)(B) of the NDPS Act. 3.
Prosecution allegation, in short, is that on 11.08.2025, during evening patrolling at Mathnital Bhamari Checkpoint, police apprehended the petitioner carrying a yellow plastic bag. On search, 2.019 kg of Ganja, Rs. 900/- cash, and a Samsung mobile phone were recovered, and a seizure list was prepared.
4.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.75601 of 2025(2) dt.11-11-2025 2/3 present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner further submits that petitioner has no concern with the recovered contraband and he has become the victim of the circumstance on extraneous consideration. The recovered contraband is below the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. The petitioner is in custody since 11.08.2025 and has got one criminal antecedent. 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, recovery below commercial quantity 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 Malsalami PS Case No. 418 of 2025, subject to the following conditions:
Patna High Court CR. MISC. No.75601 of 2025(2) dt.11-11-2025 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