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Patna High Court

Dhiraj Sahni @ Dhirendra KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                 ======================================================
                 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
                                                        2/2




                      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/-

U      T


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