Patna High Court
Sujan MaharjanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner, finding insufficient grounds to deny bail.
Summary
The Patna High Court considered an application for regular bail by Sujan Maharjan, a Nepalese national, who was charged under sections 8(c), 20, 21(b), 21(c) and 22 of the NDPS Act. The prosecution alleged that Rs.28,000 Nepali currency and contraband were seized, but the petitioner claimed the seizure was only from a co‑accused and that no contraband was found on him, also alleging non‑compliance with Section 105 of the Bihar Narcotic Substances Act during the seizure. He had been in judicial custody since 17 September 2025 and had no prior criminal record. The State opposed bail, but the Court, after weighing the lack of direct evidence against the petitioner and procedural lapses, ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties. The order was directed to be complied with by the Additional Sessions Judge‑IV, Madhubani.
Issues considered
- Whether regular bail can be granted in an NDPS case where the alleged contraband was recovered from a co‑accused and not directly from the petitioner.
- Whether non‑compliance with Section 105 of the Bihar Narcotic Substances Act during seizure vitiates the prosecution's case.
- Whether the petitioner’s lack of criminal antecedent and prolonged pre‑trial detention justify bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20, 21(b), 21(c), 22, 8(c)
Subjects
- regular bail
- NDPS Act
- seizure procedure
- Section 105
- contraband
- foreign national
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14552 of 2026
Arising Out of PS. Case No.-322 Year-2025 Thana- JAYNAGAR District- Madhubani
======================================================
Sujan Maharjan Son of Sukki Maharjan @ Sukku Maharjan Resident of
Village -Kalanki PS- Kalanki District- Kathmandu, Nepal
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Prakash, Advocate
For the Opposite Party/s : Mr.Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 15-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 8 (c), 20,
21 (b), 21 (c) and 22 of the NDPS Act.
3. The case of the prosecution is that from the
possession of this petitioner, altogether a sum of Rs. 28000 of
Nepali Currency was recovered. It is further alleged that the
contraband articles were recovered from the possession of co-
accused, namely, Abhishek Kumar.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that no
contraband whatsoever has been recovered from the conscious
Patna High Court CR. MISC. No.14552 of 2026(3) dt.15-04-2026
2/2
possession of this petitioner and he has been framed in this case
merely on the basis of recovery made from the co-accused. It is
further submitted that all the witnesses to the seizure list are
police personnel and the police have not complied the
mandatory provision of Section 105 of the BNS at the time of
making seizure. Moreover, the petitioner is languishing in
judicial custody since 17.09.2025 having no criminal
antecedent.
5. Learned APP appearing for the state has opposed
the prayer of regular bail.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Jaynagar P.S. Case No. 322 of 2025 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Additional Sessions Judge – IV, Madhubani.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.