Patna High Court
Sohan LalversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, directing him to furnish a bail bond of Rs 10,000 with two sureties.
Summary
The petitioner, Sohan Lal, was arrested in connection with a case where 6 kg of ganja was recovered from the house of Suraj Kumar. He contended that he was falsely implicated, that no contraband was found in his possession, and that he had no prior criminal record, having been in judicial custody since 28 August 2025. The State opposed his bail application, invoking Sections 8 and 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. After hearing both sides, the Court considered the facts, including the quantity seized and the petitioner’s claim of innocence, and decided to grant bail. The bail was conditioned on a bond of Rs 10,000 with two sureties of the same amount, to be approved by the Sessions Judge‑c‑m Special Judge (NDPS Act) in Kishanganj.
Issues considered
- Whether bail should be granted to the petitioner under Sections 8 and 20(b)(ii)(B) of the NDPS Act given the seizure of 6 kg of ganja from a third‑party’s premises.
- Whether the petitioner’s lack of personal possession of the contraband and his clean record justify bail despite the seriousness of the offence.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)(B), 8
Subjects
- bail
- NDPS Act
- drug possession
- Section 8
- Section 20(b)(ii)(B)
- judicial custody
- surety
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1029 of 2026
Arising Out of PS. Case No.-373 Year-2025 Thana- BAHADURGANJ District- Kishanganj
======================================================
Sohan Lal, Son of Bhangi Lal Harijan, Resident of Village- Dohalia, Ward
No. 04, P.S.- Bahadurganj, District- Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate
For the Opposite Party/s : Mr. Mohammed Arif, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Bahadurganj P.S. Case No. 373 of 2025 registered for the
offence punishable under Sections 8, 20(b)(ii)(B) of the
N.D.P.S. Act.
3. The case of the prosecution, in short, is that from
the house of one Suraj Kumar, altogether 6 Kg of ganja was
recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Nothing has been recovered from his possession. It has
further been submitted that name of this petitioner has surfaced
Patna High Court CR. MISC. No.1029 of 2026(4) dt.25-02-2026
2/2
in statement of Suraj Kumar. It has also been submitted that the
alleged contraband which is recovered from the house of Suraj
Kumar is though more than small quantity but is much less than
commercial quantity. Petitioner is having no criminal antecedent
and he is languishing in judicial custody since 28.08.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Sessions Judge-cum-Special Judge (N.D.P.S. Act), Kishanganj
in connection with Bahadurganj P.S. Case No.373 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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