Patna High Court – Orders
Sonelal Ray @ Sone Lal Rai vs The State Of Bihar on 14 August, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51309 of 2025
Arising Out of PS. Case No.-1074 Year-2024 Thana- SONEPUR District- Saran
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Sonelal Ray @ Sone Lal Rai S/O Rampani Ray R/O Village- Naya Tola,
Nazarmira, P.S- Sonpur @ Sonepur, District- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Manish Chandra Gandhi, Adv.
For the Opposite Party/s : Mr.Ram Naresh Ray, APP
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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 14-08-2025
Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Sonpur
@ Sonepur P.S. case No. 1074 of 2024 instituted for the
offences under Sections 8(c), 21(b), 25 and 29 of the N.D.P.S.
Act.
3. As per prosecution case, the police has recovered
176 sachet total weighing 11.5 gram of smack like material
along with cash of total Rs. 6,54,700/- kept in a polythene from
varanda of the house of the petitioner.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Petitioner is in custody since 16.05.2025 and has five criminal
Patna High Court CR. MISC. No.51309 of 2025(2) dt.14-08-2025
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antecedents. There is no allegation of tampering of witnesses
alleged against the petitioner. No incriminating material has
been recovered from the conscious possession of the petitioner
rather the same has been recovered from the veranda adjacent to
the main gate. He further submits that the house, in question, is
a joint house where other family members of the petitioner also
reside. The recovered contraband is below commercial quantity,
and hence, Section 37 of the N.D.P.S. Act is not applicable in
the present case. There is no compliance of Sections 42 and 50
of the N.D.P.S. Act.
5. Learned counsel for the petitioners again submits
that the co-accused Ramswarup Ray has been granted bail by a
Co-ordinate Bench of this Court vide order dated 07.05.2025
passed in Cr. Misc. No. 27868 of 2025.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case, the quantity of the contraband being much below the
commercial quantity as also the period of custody undergone by
the petitioner, this Court is inclined to grant bail to the
petitioner.
8. Let the petitioner be released on bail on furnishing
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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 Sonpur @ Sonepur
P.S. case No. 1074 of 2024, subject to the following conditions;
(i) One of the bailor(s) shall be the own/close family
members of the petitioner.
(ii) The petitioner shall cooperate 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 in the event of failure on two consecutive dates
without sufficient reasons, his bail bond shall be liable to be
cancelled by the court below.
(Rudra Prakash Mishra, J)
rishi/-
U T