Patna High Court – Orders
Sanjay Patel vs The State Of Bihar on 11 August, 2025
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75261 of 2024
Arising Out of PS. Case No.-180 Year-2024 Thana- BETTIAH CITY District- West
Champaran
======================================================
Suresh Yadav Son of Bedar Yadav R/O Vill.- Bajaya Bairiya, Post- Damrapur,
Police Station- Sahodra, Bettiah, Dist.- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 22683 of 2025
Arising Out of PS. Case No.-180 Year-2024 Thana- BETTIAH CITY District- West
Champaran
======================================================
Sanjay Patel S/o Late Bunela Patel R/o Village- Bhikhampur, P.S.- Sirisiya,
District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 75261 of 2024)
For the Petitioner/s : Mr. Dhananjay Kumar, Adv
For the Opposite Party/s : Mr. Nagendra Prasad, APP
(In CRIMINAL MISCELLANEOUS No. 22683 of 2025)
For the Petitioner/s : Mr. Sharad Kumar Verma, Adv
For the Opposite Party/s : Mr. Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
7 11-08-2025
CRIMINAL MISCELLANEOUS No.75261 of 2024
Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with
Bettiah Town P.S. Case No. 180 of 2024 registered for the
Patna High Court CR. MISC. No.75261 of 2024(7) dt.11-08-2025
2/7
offences under Section 414 of the IPC & Sections 8, 20 (b)(ii)
(c), 22 (c) and 23 (c) of the NDPS Act.
3. The petitioner is named in the F.I.R. and is in
custody since 20.04.2024.
4. As per FIR accused/petitioner upon raid
conducted by NCB found in possession of 4 kilograms of
charas.
5. Learned counsel appearing on behalf of the
petitioner submitted that from the bare perusal of the FIR it
can be gathered that recovery of ” charas like substance”
without even any preliminary scientific test ascertaining that it
was charas, sample was drawn and, therefore, entire
implication can be said to be made on the basis of suspicion.
It is submitted that even the charge-sheet was submitted
without obtaining the F.S.L. report and considering this aspect
one of the learned Co-ordinate Bench of this Court granted
bail to co-accused Faiyaz Miyan from whom there was
recovery of 15.636 kilograms of charas through Cr. Misc. No.
16906 of 2025 dated 02.07.2025. It is further submitted
that case of petitioner is on equal footing. Beside aforesaid, it
Patna High Court CR. MISC. No.75261 of 2024(7) dt.11-08-2025
3/7is submitted that petitioner was implicated falsely with this
case only for the reason as petitioner found involved in ten
more criminal cases of different nature, where he is on bail
and, therefore, petitioner implicated with the present case
with an aggravated version in planned manner by police.
6. For aforesaid false implication wife of petitioner
filed Cr.W.J.C. No. 1148 of 2024 before this Court, where
one of the learned Co-ordinate Bench of this Court through its
order dated 13.02.2025 as passed in aforesaid criminal writ
petition directed to take departmental action against SP
Bettiah and accordingly D.G.P. Bihar was directed for the said
action. It is pointed out that if the merit of the case otherwise
convincing in favour of petitioner, merely on the ground of
criminal antecedents bail of petitioner ordinarily should not be
rejected. In support of his submission learned counsel relied
upon the legal report of Hon’ble Supreme Court as available
through Prabhakar Tewari Vs. State of Uttar Pradesh
and Another, [(2020) 11 SCC 648]. While concluding the
argument it is submitted that till date only two prosecution
witnesses have been examined and trial of this case is not
Patna High Court CR. MISC. No.75261 of 2024(7) dt.11-08-2025
4/7
likely to conclude in the near future.
7. Learned APP appearing on behalf of the State,
while opposing the prayer for bail fairly conceded that co-
accused Faiyaz Miyan was granted bail by learned Co-ordinate
Bench of this Court as submitted aforesaid.
8. In view of aforesaid factual submission and by
taking note of judicial parity as similarly situated co-accused
Faiyaz Miyan has already granted bail as discussed aforesaid,
coupled with the fact as petitioner remains in custody since
20.04.2024 and moreover, trial of this case is not likely to
conclude in the near future, accordingly above named
petitioner, is directed to be released on bail in connection with
Bettiah Town P.S. Case No. 180 of 2024 on furnishing bail
bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
Exclusive Special Judge, NDPS, West Champaran at
Bettiah/concerned court, subject to the conditions as
mentioned under Section 480(3) of the B.N.S.S.
CRIMINAL MISCELLANEOUS No. 22683 of 2025
Patna High Court CR. MISC. No.75261 of 2024(7) dt.11-08-2025
5/7
Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with
Bettiah Town P.S. Case No. 180 of 2024 registered for the
offences under Section 414 of the IPC & Sections 8, 20 (b)(ii)
(c), 22 (c) and 23 (c) of the NDPS Act.
3. The petitioner is named in the F.I.R. and is in
custody since 19.04.2024.
4. As per FIR accused/petitioner upon raid
conducted by NCB found in possession of 16.130 kilograms of
charas.
5. Learned counsel appearing on behalf of the
petitioner submitted that from the bare perusal of the FIR it
can be gathered that recovery of “charas like substance”
without even any preliminary scientific test ascertaining that it
was charas, sample was drawn and, therefore, entire
implication can be said to be made on the basis of suspicion.
It is submitted that even the charge-sheet was submitted
without obtaining the F.S.L. report and considering this aspect
one of the learned Co-ordinate Bench of this Court granted
Patna High Court CR. MISC. No.75261 of 2024(7) dt.11-08-2025
6/7bail to co-accused Faiyaz Miyan from whom there was
recovery of 15.636 kilograms of charas through Cr. Misc. No.
16906 of 2025 dated 02.07.2025. It is further submitted
that case of petitioner is on equal footing.
6. For aforesaid false implication wife of petitioner
filed Cr.W.J.C. No. 1148 of 2024 before this Court, where
one of the learned Co-ordinate Bench of this Court through its
order dated 13.02.2025 as passed in aforesaid criminal writ
directed to take departmental action against SP Bettiah and
accordingly D.G.P. Bihar was directed for the said action. It is
also submitted that petitioner found involved in one more
case, where he is on bail. While concluding the argument it is
submitted that till date only two prosecution witnesses have
been examined and trial of this case is not likely to conclude in
the near future.
7. Learned APP appearing on behalf of the State,
while opposing the prayer for bail fairly conceded that co-
accused Faiyaz Miyan was granted bail by learned Co-ordinate
Bench of this Court as submitted aforesaid.
8. In view of aforesaid factual submission and by
Patna High Court CR. MISC. No.75261 of 2024(7) dt.11-08-2025
7/7
taking note of judicial parity as similarly situated co-accused
Faiyaz Miyan has already granted bail as discussed aforesaid,
coupled with the fact as petitioner remains in custody since
19.04.2024 and moreover, trial of this case is not likely to
conclude in the near future, accordingly above named
petitioner, is directed to be released on bail in connection with
Bettiah Town P.S. Case No. 180 of 2024 on furnishing bail
bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
Exclusive Special Judge, NDPS Act, West Champaran at
Bettiah/concerned court, subject to the conditions as
mentioned under Section 480(3) of the B.N.S.S.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
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