Patna High Court
Bhaskar SahniversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that regular bail could not be granted as the quantity of charas exceeded commercial quantity and the offences were of a serious nature.
Summary
Bhaskar Sahni was arrested in connection with a case registered under Sections 310(4), 310(5), 317(4), 317(5) and 111 of the Bharatiya Nyaya Sanhita, 2023, Sections 25(1‑b)a, 26 and 35 of the Arms Act and Sections 20, 22 and 23 of the NDPS Act. The prosecution recovered 1,034 grams of charas, a country‑made pistol, a live cartridge and a mobile phone from the petitioner. The petitioner applied for regular bail, claiming innocence and citing his custody since 13‑05‑2025. The State opposed the bail, highlighting the large quantity of narcotics (exceeding commercial quantity) and the petitioner’s criminal antecedents. The High Court, after considering the seriousness of the offences and the quantity of charas, declined to grant regular bail. Consequently, the bail application was rejected.
Issues considered
- Whether regular bail can be granted to an accused when the seized narcotic quantity exceeds the commercial quantity under the NDPS Act.
- Whether the presence of criminal antecedents and the seriousness of offences under the Bharatiya Nyaya Sanhita, Arms Act and NDPS Act justify denial of bail.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 111, 310(4), 310(5), 317(4), 317(5)
- NDPS Act — s. 20, 22, 23
Subjects
- regular bail
- narcotics
- charas
- commercial quantity
- Arms Act
- NDPS Act
- criminal antecedents
- high court
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12373 of 2026
Arising Out of PS. Case No.-177 Year-2025 Thana- KESARIA District- East Champaran
======================================================
Bhaskar Sahni S/o- Jagadish Sahani R/v- Bettiah Basant Ps- Keshariya Dist-
East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. D.K. Tondon, Adv
Mr. Prateek Tandon
For the Opposite Party/s : Mr. Renuka Ratnakar (App 125)
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-03-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Kesariya P.S. Case No. 177 of 2025 registered for the offence
under Sections 310(4), 310(5), 317(4), 317(5), 111 of the
Bharatiya Nyaya Sanhita, 2023, Sections 25(1-b)a, 26 and 35 of
the Arms Act and Sections 20, 22 and 23 of the NDPS Act.
3. As per the prosecution case, 1034 grams of Charas
was recovered on the basis of the statement of the petitioner.
Besides the said recovery, one country-made pistol, one live
cartridge, and a mobile phone were also recovered from the
possession of the petitioner.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.12373 of 2026(2) dt.16-03-2026
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petitioner is innocent and has not committed any offence.
Petitioner is in custody since 13.05.2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail and has submitted that the petitioner
has criminal antecedents also.
6. Considering the aforesaid facts and circumstances
of the case, particularly the fact that the recovered Charas is
more than the commercial quantity, this Court is not inclined to
grant regular bail to the petitioner.
7. Accordingly, this application for regular bail stands
rejected.
(Sandeep Kumar, J)
Shishir/-
U T
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