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Patna High Court

Gajendra Sahni @ Gajendra SahaniversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Gajendra Sahni, was arrested in connection with a case under sections 8, 20(b)(ii) and 21(c) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, after police claimed to have recovered 2.346 kg of a ganja‑like substance from his possession. The petitioner contended that he was innocent, that the seizure was illegal because Section 105 of the Bihar Narcotic Substances (B.N.SS.) Act was not complied with, and that the quantity seized was far below commercial levels. He also highlighted his clean criminal record and his continued judicial custody since 5 November 2025. The State opposed the bail application. After hearing both sides, the court found the circumstances sufficient to grant regular bail, directing the petitioner to be released on a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Special Judge handling the NDPS case.

Issues considered

  • Whether the petitioner is entitled to regular bail under the NDPS Act given the quantity of narcotic seized and the circumstances of his arrest.
  • Whether the seizure of the narcotic complied with the procedural requirements of Section 105 of the B.N.S.S. Act.
  • Whether the petitioner’s lack of prior criminal record and the non‑commercial quantity of the seized substance justify granting bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • seizure
  • Section 105
  • regular bail
  • criminal procedure
  • quantity of narcotic

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18917 of 2026
                   Arising Out of PS. Case No.-410 Year-2025 Thana- ADAPUR District- East Champaran
                 ======================================================
                 Gajendra Sahni @ Gajendra Sahani S/o Nabab Sahani @ Nawab Sahni
                 Resident of Village - Piparpatti, P.S - Kalaiya, District - Bara (Nepal)

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shashank Shekhar, Advocate
                 For the Opposite Party/s :       Mr. Umeshanand Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   31-03-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 8, 20(b)(ii)

                   21(c) of the N.D.P.S. Act.

                                3. The case of the prosecution is that altogether 2.346

                   kg of ganja like substance was recovered from the possession of

                   this petitioner.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. He has

                   falsely been implicated in this case. Nothing has been recovered

                   from the possession of this petitioner. Learned counsel for the

                   petitioner has further submitted that while making seizure,

                   Section 105 of B.N.SS. has not been complied and the seizure
            Patna High Court CR. MISC. No.18917 of 2026(2) dt.31-03-2026
                                                        2/2




                      list witnesses are police personnel. It has also been submitted

                      that though the quantum of the contraband which has been

                      recovered from the possession of this petitioner is more than

                      small quantity but is much less than commercial quantity.

                      Petitioner is having no criminal antecedent. Moreover, he is

                      languishing in judicial custody since 05.11.2025.

                                   5. Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail.

                                   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. The above named

                      petitioner is directed to be released on bail in connection with

                      Adapur P.S. Case No. 410 of 2025 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned Exclusive Special Judge

                      Court No. II, NDPS, East Champaran at Motihari.



                                            (Ashok Kumar Pandey, J)
shubham/-

U     T


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