Sanjay Ray @ Sanjay Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90983 of 2025 Arising Out of PS. Case No.-844 Year-2025 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Sanjay Ray @ Sanjay Rai Son of Ramadhar Ray Resident of Village/ Mohalla- Chainpur, P.S.- Katra, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nachiketa Jha, Advocate For the Opposite Party/s :
Mr.Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-01-2026 Heard Mr.Nachiketa Jha, learned counsel for the petitioner and Mr.Sanjay Kumar Sharma, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 19.06.2025 in connection with NDPS Case No. 117 of 2025, arising out of Ahiyapur P.S.Case No.844/2025, F.I.R. dated 18.06.2025 registered for the offence punishable under Sections 318(4),338,336(3),3(5) of BNS, 2023 as well as Sections 8,21(b),25,29 of NDPS, Act.
3. Recovery is of 50 Puriya total 16.67 Gms of Smack.
4. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case merely on the ground that he was standing near the
Patna High Court CR. MISC. No.90983 of 2025(2) dt.13-01-2026 2/3 place of occurrence. It appears from the FIR as well as the seizure list that no incriminating article has been recovered from possession of the petitioner rather the recovery has been made from co-accused person, namely, Sudha Kumari and altogether 16.67 Gms of Smack has been recovered from co-accused person, namely, Sudha Kumari and she has been granted bail bail by a Coordinate Bench of this Hon'ble Court vide order dated 19.11.2025 passed in Cr. Misc. No.78894 of 2025. The police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 19.06.2025.
5. Learned APP for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries one more case of similar nature other than the present one but fairly submits that the petitioner is on bail in the said case, as mentioned in para-3 of the bail petition.
6. Considering the aforesaid facts, no incriminating article has been recovered from possession of the petitioner and co-accused person, namely, Sudha Kumari has been granted bail bail by a Coordinate Bench of this Hon'ble Court, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge,
Patna High Court CR. MISC. No.90983 of 2025(2) dt.13-01-2026 3/3 NDPS Court No.-II, Muzaffarpur in connection with NDPS Case No. 117 of 2025, arising out of Ahiyapur P.S.Case No.844/2025, with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T