Patna High Court
Sohan LalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner with specified conditions.
Summary
The petitioner, Sohan Lal, was arrested on 17 September 2025 in connection with a case registered under Sections 8 and 20(b)(ii)(c) of the NDPS Act for the alleged recovery of 24.55 kg of ganja. He claimed innocence, stating that the seized narcotics were linked to another individual, Sushil Kumar, whose confessional statement mentioned the petitioner’s name. The petitioner’s counsel offered to donate Rs. 25,000 to a charitable organization without admitting guilt and sought bail. The State opposed the bail application. The High Court, after considering the facts and submissions, granted bail on the condition that the petitioner furnish a bail bond of Rs. 10,000 with two sureties, deposit Rs. 25,000 with Ramakrishna Math, and attend the police station every Sunday, clarifying that the order is limited to the bail application and does not prejudice the trial.
Issues considered
- Whether bail should be granted to the petitioner under the NDPS Act for alleged possession of 24.55 kg of ganja
- Whether the conditions imposed, including a monetary donation, are permissible for bail under the NDPS provisions
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(c), 8
Subjects
- bail
- NDPS Act
- drug possession
- criminal procedure
- court conditions
- charitable donation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17485 of 2026
Arising Out of PS. Case No.-372 Year-2025 Thana- BAHADURGANJ District- Kishanganj
======================================================
Sohan Lal S/o Late Bhangi Lal Harijan R/o Village- Dohaliya, ward no.-4,
P.S.- Bahadurganj, District- Kishanganj.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar Jha
Mr. Krishna Kant Singh
Ms. Meenakshi Priya
Mr. Rishi Raj
For the Opposite Party/s : Mr.Sanjay Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 27-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Bahadurganj P.S. Case No. 372 of 2025 registered for the
offence under Sections 8, 20(b)(ii)(c) of the NDPS Act.
3. The recovery is of 24.55 Kg of Ganja
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he is in custody since 17.09.2025. He
further submits that the recovery is from one Sushil Kumar and
in his confessional statement, the name of the petitioner has
surfaced in this case.
5. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.17485 of 2026(3) dt.27-04-2026
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petitioner is ready to donate Rs. 25,000/- in some charitable
organization without accepting his guilt.
6. Learned APP appearing for the State opposes the
prayer for bail of the petitioner.
7. Considering the facts and circumstances of the
case and submissions of learned counsel for the petitioner, let
the petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned concerned
Court below in connection with NDPS Special Case No. 53 of
2025 arising out of Bahadurganj P.S. Case No. 372 of 2025.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Math, Bhatta Bazar, Purnea and produce the
receipt of the same before the Court below. The bail bonds of
the petitioner shall be accepted after verifying the genuineness
of the receipt produced by the petitioner.
9. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at
Bahadurganj Police Station on every Sunday of each month.
Any default in appearance at the police station will result in
cancellation of bail bonds of the petitioner.
Patna High Court CR. MISC. No.17485 of 2026(3) dt.27-04-2026
3/3
10. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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