Patna High Court
Gajendra Sahni @ Gajendra SahaniversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Narcotic Substances (Control) Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii), 21(c), 8
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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