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Patna High Court

Sujan MaharjanversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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


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