Patna High Court
Lalan SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The petitioner is entitled to bail as the case is based only on suspicion and the investigation is complete, with no risk of tampering of evidence.
Summary
Lalan Sah was arrested in connection with an NDNDPS case where 94 grams of brown sugar was seized from co‑accused and a motorcycle, not from his possession. He has been in custody since 13 October 2025 and applied for bail, arguing that the evidence against him is merely circumstantial and that the investigation is complete with a charge‑sheet already filed. The State opposed bail, contending that the petitioner remains implicated on suspicion. The Court observed that the petitioner is only prima facie implicated and, given the completed investigation, there is no risk of evidence tampering. Accordingly, the Court ordered his release on bail with a bond of Rs 10,000 and two sureties, subject to conditions under Section 437(3) of the CrPC and Section 480(3) of the BNSS.
Issues considered
- Whether the petitioner is entitled to bail under the NDPS Act when the case is based solely on suspicion and the investigation is completed.
- Whether the conditions prescribed under Section 437(3) of the CrPC and Section 480(3) of the BNSS are applicable for granting bail.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 480(3)
- Code of Criminal Procedure — s. 437(3)
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 28, 8(c)
Subjects
- NDPS
- bail
- suspicion
- Criminal Procedure Code
- BNSS
- drug offence
- East Champaran
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1700 of 2026
Arising Out of PS. Case No.-9 Year-2025 Thana- NAKARDEI District- East Champaran
======================================================
Lalan Sah, S/o Late Nathu Sah, R/o village - Virta Tola, Ward No. 1, Sirisiya
Mal, P.S.- Nakardei, Distt.- East Champaran, Bihar-845305.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mohd. Rustam Hussain, Advocate
For the Opposite Party/s : Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The accused/petitioner seeks bail in connection
with N.D.P.S. G.R. Case No.174 of 2025 arising out of
Nakardei P.S. Case No.9 of 2025 registered for the offences
punishable under Sections 8(c), 21(b) and 28 of the Narcotic
Drugs and Psychotropic Substances Act, 1985 (in short
‘N.D.P.S.’ Act).
3. The accused/petitioner is named in the FIR and is
in custody since 13.10.2025.
4. As per FIR, total 94 grams of brown sugar was
recovered from the possession of co-accused Radheyshayam
Yadav and Lalita Devi and from the tool-box of the
Patna High Court CR. MISC. No.1700 of 2026(2) dt.09-02-2026
2/3
motorcycle.
5. It is submitted by learned counsel appearing for
petitioner that admittedly the contraband not appears to be
recovered from physical possession of this petitioner rather
from the physical possession of Radheshyam Yadav and Lalita
Devi. It is pointed out that even the motorcycle from where
94 grams of brown sugar was recovered, nowhere appears to
be connected with petitioner. It is pointed out that save and
except suspicion arising out of disclosure made by
apprehended co-accused persons, nothing incriminating
appears against this petitioner, who is a man of clean
antecedent and moreover investigation of this case is already
completed, for which, charge-sheet has been submitted and,
as such, there is no chance of tampering with the evidence.
6. Learned APP opposed the prayer for grant of bail
to the petitioner.
7. In view of aforesaid factual submissions and by
taking note of fact as petitioner prima facie appears
implicated with this case on the basis of suspicion, as
discussed aforesaid, coupled with the fact that investigation of
Patna High Court CR. MISC. No.1700 of 2026(2) dt.09-02-2026
3/3
this case is already completed, where petitioner remains in
custody since 13.10.2025, accordingly, the petitioner, above-
named, is directed to be released on bail furnishing bail bond
of Rs.10,000/- (Rupees Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned
Exclusive Special Judge, Court No.-II, NDPS, East
Champaran, Motihari in connection with N.D.P.S. Case
No.174 of 2025 arising out of Nakardei P.S. Case No.9 of
2025, subject to the conditions as laid down under Section
437(3) of the Code of Criminal Procedure (for short
‘CrPC’)/under Section 480(3) of the Bhartiya Nagrik
Suraksha Sanhita (for short ‘BNSS’).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
Checking your session…