In Suraj Sai@ Rukhi @ Rukhi Sao vs. The State of Bihar (2025), Supreme Court's bench of Justices Sudhanshu Dhulia and K. Vinod Chandran passed an order dated March 5 2025 granting bail to the petitioner in a SLP (criminal). The order reads:"The petitioner has already undergone about 7 ½ years in jail and there is a question of law involved here relating to Section 52A of the NDPS Act. Considering the period of incarceration of the petitioner and the entire facts and circumstances of this case, we are of the opinion that a case of bail is made out for the petitioner and therefore, the prayer for bail is allowed. Accordingly, the petitioner is directed to be released on bail forthwith on the usual terms and conditions to be decided by the concerned Court." It listed the Special Leave Petition for hearing on April 7, 2025. The case arose from Muffasil thana, Aurangabad, Bihar in 2016.
The petitioner is an accused in a case punishable Under Section 8-20(b)(ii)(C) of the NDPS Act and has been convicted for 14 years rigorous imprisonment by the trial court. The conviction and sentence of the petitioner was upheld by the Division Bench of Patna High Court vide impugned order dated August 2, 2023. The allegation against the petitioner is that 898 kgs of Ganja had been recovered from this possession.
The Division Bench comprising of Justices Ashutosh Kumar and Vipul M. Pancholi had observed:"We have also gone through the reasoning recorded by the Trial Court while passing the impugned order of conviction and we are of the view that the Trial Court has not committed any error while passing the impugned order of conviction and, therefore, we are not inclined to interfere with the same in the present appeals filed by the appellants-accused. Accordingly, all these appeals are dismissed." The 26-page long High Court's judgement was authored by Justice Pancholi. Besides Suraj Sao, there are three more petitioner's in the related cases, namely, Kamakhya Giri, Upendra Giri and Ram Lakhan Tiwari.
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