Patna High Court
Dhiraj Sahni @ Dhirendra KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Dhiraj Sahni, sought bail in an NDNDPS case (Case No. 92 of 2025) for alleged offences under Sections 8 and 20(b)(ii)(B) of the NDPS Act and Sections 25(1‑B)a, 26 and 35 of the Arms Act. The prosecution’s case rests on the recovery of a country‑made pistol and 8.5 kg of ganja from co‑accused Nitesh Kumar, who named the petitioner as a fugitive. The petitioner contended that he was innocent, had not been apprehended, and was merely mentioned in the co‑accused’s statement, having been in judicial custody since 20‑05‑2025. The State opposed bail, highlighting the petitioner’s alleged 18 prior criminal cases. After hearing both sides, the court granted bail with conditions of cooperation, physical presence at trial, weekly attendance at Sarairanjan Police Station, and a bail bond of Rs 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite serious NDPS and Arms Act charges.
- Whether the mere mention of the petitioner in a co‑accused’s statement justifies continued detention.
- Whether the petitioner’s alleged criminal antecedents preclude bail.
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 35
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(B), 8
Subjects
- bail
- NDPS Act
- Arms Act
- criminal antecedent
- co‑accused statement
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15431 of 2026
Arising Out of PS. Case No.-149 Year-2023 Thana- SAKRA District- Muzaffarpur
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Dhiraj Sahni @ Dhirendra Kumar Son of Harendra Sahni R/o Village -
Sorhatha, P.S. - Belsar, District – Vaishali .... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vasant Vikas, Advocate
For the Opposite Party/s : Mr. Aditya Narayan Singh.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 21-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with NDPS Case No.92 of 2025 arising out of Sakra P.S. Case
No. 149 of 2023 registered for the offence punishable under
Sections 8 & 20(b)(ii)(B) of NDPS Act and under Sections
25(1-B)a, 26 & 35 of the Arms Act.
3. The case of the prosecution, in short, is that from
the possession of co-accused Nitesh Kumar, country made pistol
and 8.5 kg of ganja was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that co-accused Nitesh has named this
petitioner as the person who fled away. Learned counsel for the
petitioner has further submitted that the petitioner is innocent
and has committed no offence. The petitioner was not
apprehended rather his name has surfaced in the statement of
co-accused Nitesh Kumar. Learned counsel for the petitioner
has submitted that the petitioner is languishing in judicial
Patna High Court CR. MISC. No.15431 of 2026(3) dt.21-04-2026
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custody since 20.05.2025.
5. The application for bail is opposed by learned APP
for the State. Learned APP has further submitted that the
petitioner is having criminal antecedent of 18 cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail with the condition
that :-
(i) the petitioner shall co-operate in the trial;
(ii) the petitioner shall remain physically present on
each and every date, whenever required;
(iii) the petitioner shall mark his weekly attendance at
Sarairanjan P.S.
7. The above named petitioner is directed to be
enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten
thousand only) with two sureties of the like amount each to the
satisfaction of the court of learned Exclusive Special Judge-II
(NDPS), Muzaffarpur in connection with NDPS Case No. 92 of
2025 arising out of Sakra P.S. Case No.149 of 2023.
(Ashok Kumar Pandey, J)
durgesh/-
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