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Patna High Court

Lalan SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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          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


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