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Patna High Court

Anjani Sah @ Anjani Kumar PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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