Patna High Court
Deepak Sah @ Deepak Kumar @ Deepak Kumar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that bail should be granted despite the NDPS charges, as the recovery was from a public place and the petitioner had been in custody for an extended period.
Summary
The petitioner, Deepak Kumar Sah, was arrested in connection with the recovery of 7.29 kg of smack from an open area in Sirisiya village and charged under Sections 8(c), 21(c) and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. He contended that he was falsely implicated because the contraband was not recovered from his possession or residence, and that he had been in custody since 29 August 2025. The State opposed his bail application, citing the seriousness of the offences. The Court considered the nature of the accusation, the circumstances of the recovery, and the length of custody, and decided to grant bail. The petitioner was ordered to furnish a bail bond of Rs. 10,000 with two sureties of the same amount to the Sessions Judge‑cum‑Special Judge, East Champaran.
Issues considered
- Whether bail can be granted to a person accused under Sections 8(c), 21(c) and 29 of the NDPS Act when the narcotics were recovered from an open place and not from the accused's possession.
- Whether the period of pre‑trial custody justifies the grant of bail in NDPS cases.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(c), 29, 8(c)
Subjects
- bail
- NDPS Act
- narcotics
- false implication
- custody
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1324 of 2026
Arising Out of PS. Case No.-44 Year-2025 Thana- NAKARDEI District- East Champaran
======================================================
Deepak Sah @ Deepak Kumar @ Deepak Kumar Sah S/O Late Nathu Sah
R/O Village- Virta Tola, Ward No. 01, Sirisiya Mal, P.S- Nakardei, Dist.- East
Champaran, Bihar- 845305.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mohd Rustam Hussain
For the Opposite Party/s : Mrs.Rina Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 13-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for
offence under Sections 8(c), 21(c) and 29 of the N.D.P.S. Act.
3. As per F.I.R., police received information that in
village Sirisiya near Sainik Road Bridge, this petitioner and
other co-accused persons have concealed narcotics substance
and they are going to sell the same Upon getting information,
police reached there and recovered 7.290 Kilogram Smack in 70
packets and from the place of occurrence, 4-5 persons
succeeded to flee away
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in this case. No
Patna High Court CR. MISC. No.1324 of 2026(2) dt.13-02-2026
2/2
contraband substance has been recovered either from possession
of from the house of this petitioner, rather the recovery has been
effected from an open place, accessible for all, but only on
suspicion, petitioner has been made accused. Petitioner is in
custody since 29.08.2025.
5. Learned A.P.P. for the State opposes the prayer for
bail.
6. Considering the nature of accusation and period of
custody, let the above named petitioner be released on bail on
furnishing bail-bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Sessions Judge-cum-Special Judge, East Champaran at Motihari
in connection with N.D.P.S. G.R. Case No. 43 of 2025, arising
out of Nakardei P.S. Case No. 44 of 2025.
(Prabhat Kumar Singh, J)
anay
U T
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