Patna High Court
Anjani Sah @ Anjani Kumar PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- S B P SINGH
Holding
The Court held that bail should be granted to the petitioner, subject to conditions, as the material against him is insufficient for continued detention.
Summary
Anjani Sah was arrested in connection with a case under Sections 8 and 20(b)(ii)(C) of the NDPS Act after police recovered 6.8 kg of ganja from co‑accused Lalan Prasad Yadav. The petitioner contended that he was falsely implicated due to village politics and that no narcotic substance was found on his person or at his residence. He argued that the only basis for his implication was the alleged confessional statement of the co‑accused, which is inadmissible. The State opposed the bail application, citing the seriousness of the offences. The Court, considering the lack of material possession against the petitioner and his clean antecedents, ordered his release on regular bail subject to conditions of personal appearance and surety requirements.
Issues considered
- Whether the petitioner is entitled to regular bail for offences under Sections 8 and 20(b)(ii)(C) of the NDPS Act.
- Whether an alleged confessional statement of a co‑accused can form a basis for implicating the petitioner.
- Whether the absence of any narcotic substance in the petitioner’s possession justifies granting bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(C), 8
Subjects
- NDPS Act
- regular bail
- confessional statement
- political victimisation
- criminal procedure
- possession of narcotics
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1120 of 2026
Arising Out of PS. Case No.-391 Year-2025 Thana- RAMGARHWA District- East
Champaran
======================================================
Anjani Sah @ Anjani Kumar Prasad S/o Sonalal Sah R/o vill- Mahdavpur, Ps-
Kalyanpur, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar
For the Opposite Party/s : Mr.Jagdhar Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Ramgarhwa P.S. Case
No. 391 of 2025 registered for the offences punishable under
Sections 8, 20(b)(ii)(C) of the NDPS Act.
3. As per the prosecution story, the informant has
alleged that on 09.10.2025 at about 04:15 hours, while he was
on duty, he received a confidential information that a person
would be carrying ganja concealed in a white sack on foot
towards Champapur via village Virata Balua within an hour.
Thereafter, at about 05:20 hours, he reached along with other
Patna High Court CR. MISC. No.1120 of 2026(2) dt.15-01-2026
2/3
police officials to the Vangri River dam on the paved road from
Champapur towards Balua, where, in the light of the police
vehicle, a person was seen approaching with a sack on his head;
he was signalled to stop, but on noticing the police, he
attempted to flee and was apprehended after chase with the help
of the police force. The sack carried by him was searched, and
ganja-like narcotic substance packed in pink and white coloured
packets was recovered, which on weighing on a digital scale
was found to be 6.8 kilograms in total.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in the
present case due to village politics. No recovery has been made
from the conscious possession of the petitioner, and the alleged
ganja has been recovered exclusively from the possession of co-
accused Lalan Prasad Yadav, with whom the petitioner has no
connection whatsoever. It is further submitted that during the
search conducted by the police, nothing incriminating was
recovered from the house of the petitioner. The name of the
petitioner was surfaced in the present case solely on the basis of
the alleged confessional statement of the co-accused Lalan
Prasad Yadav made before the police, which is inadmissible
evidence and cannot form the basis of the petitioner’s
Patna High Court CR. MISC. No.1120 of 2026(2) dt.15-01-2026
3/3
implication. Petitioner is in judicial custody since 09.10.2025
and as per para 3 of the bail petition, he has clean antecedent.
5. Learned A.P.P. appearing on behalf of the State has
vehemently opposed the prayer for bail of the petitioner.
6. Keeping in view the aforesaid facts and considering
the period under custody, let the petitioner, above named, be
released on bail after framing of charge on furnishing bail
bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of learned Sessions Judge,
East Champaran, Motihari in connection with Ramgarhwa P.S.
Case No. 391 of 2025 subject to the following conditions :-
(i). Petitioner will remain physically present in trial on
each and every date till the disposal of the case failing which, on
two consecutive dates without reasonable cause, the bail bond of
the petitioner may be cancelled by the Trial Court.
(ii). One of the bailor shall be his family member.
(S. B. Pd. Singh, J)
Ankit Kumar/-
U T
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