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Patna High Court

Sohan LalversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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