Patna High Court
Lalan SahversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was not granted to the petitioners.
Summary
The petitioners, Lalan Sah and Santosh Kumar Thakur, applied for bail in a case registered under Sections 8, 20(b)(ii)(c), 25 and 29 of the NDPS Act, alleging possession of 52.435 kg of ganja and admitting to supplying it to a third party. They have been in custody since 16 October 2025 and claim to have clean antecedents. The prosecution highlighted the large quantity of narcotics recovered and the self‑inculpatory statements of the accused. The Patna High Court, after hearing counsel, was not inclined to grant bail given the seriousness of the offence and the magnitude of the seizure. Consequently, the bail application was dismissed, with the court noting that its observations are limited to this application and do not prejudice the trial.
Issues considered
- Whether bail should be granted to the accused under the NDPS Act in view of the large quantity of narcotics seized and their self‑incriminating statements
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(c), 25, 29, 8
Subjects
- bail
- NDPS Act
- narcotics
- possession
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19968 of 2026
Arising Out of PS. Case No.-1027 Year-2025 Thana- KATIHAR NAGAR District- Katihar
======================================================
1. Lalan Sah S/o- Rajendra Sah R/v- Marangi, PS- Mansahi, Distt- Katihar
2. Santosh Kumar Thakur S/o- Late Sita Ram Thakur R/v- Kabilasi, PS-
Sorbazar, Distt- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar Singh, Advocate
For the State : Mr.Ramchandra Sahni, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 01-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with Nagar
(Katihar Town) P.S. Case No. 1027 of 2025 registered for the
offence punishable under Sections 8, 20(b)(ii)(c), 25 and 29 of
the NDPS Act.
3. According to the proseciton, 52.435 Kg of ganja
has been recovered from the possession of the accused persons
and they have given self inculpatory statement that they have
been supplying ganja to Manoj Paswan.
4. The petitioners are in custody since 16.10.2025 and
claim clean antecedents.
5. Considering the huge recovery from the petitioners,
Patna High Court CR. MISC. No.19968 of 2026(2) dt.01-04-2026
2/2
I am not inclined to grant bail to the petitioners.
6. Accordingly, the application stands dismissed.
7. 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 petitioners at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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