Patna High Court
Vikash Kumar Sahni @ Vikas Kumar SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court held that bail must be granted when the alleged narcotic quantity is small and the accused has been detained for an inordinate period, subject to a satisfactory bail bond.
Summary
Vikash Kumar Sahni, a poor accused, had been in custody since January 5, 2022 for offences under Section 414 IPC, Sections 20 and 22 of the NDPS Act and several provisions of the Arms Act. He applied for regular bail, arguing that the alleged narcotic contraband was of a small quantity and that his prolonged pre‑trial detention was unjustified. The State opposed the bail on the ground of the seriousness of the offences. The Court examined the length of custody, the nature of the alleged contraband and the statutory provisions governing bail in NDPS cases. Finding that the quantity was small and that the petitioner’s right to liberty was being unduly curtailed, the Court ordered his release on bail upon furnishing a bond of Rs.20,000 with two sureties of equal amount. The order was pronounced by Justice Shailendra Singh.
Issues considered
- Whether regular bail should be granted to an accused under the NDPS Act and Arms Act for alleged possession of a small quantity of narcotic contraband.
- Whether the prolonged pre‑trial detention of the accused violates the principles of liberty and bail jurisprudence.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 27, 35
- Indian Penal Code — s. 414
- Narcotic Drugs and Psychotropic Substances Act — s. 20, 22
Subjects
- regular bail
- NDPS Act
- small quantity
- pre‑trial detention
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20247 of 2026
Arising Out of PS. Case No.-11 Year-2022 Thana- SARAIYA District- Muzaffarpur
======================================================
Vikash Kumar Sahni @ Vikas Kumar Sahni, S/o Rajeshwar Sahni @ Rajesh
Sahani, R/o vill - Makdumpur Kodariya, P.S.- Karja, Distt.- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Kumar Pandey, Adv.
For the Opposite Party/s : Mr.Uday Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 26-03-2026 At the outset, learned counsel for the petitioner is
permitted to make necessary corrections in the paragraph no.1
of the petition with regard to the details of Sections during the
course of day.
2. Heard the parties.
3. The petitioner seeks regular bail in connection with
N.D.P.S. Case No. 28 of 2022, arising out of Saraiya P.S. Case
No. 11 of 2022, registered for the offence punishable under
Section 414 of the Indian Penal Code and Sections 20 and 22 of
the N.D.P.S. Act and Sections 25(1-B)(a), 26, 27 and 35 of the
Arms Act.
4. Learned counsel for the petitioner submits that
the petitioner is a very poor person and has been languishing in
jail since 05.01.2022 and his trial is still running despite his long
Patna High Court CR. MISC. No.20247 of 2026(2) dt.26-03-2026
2/2
custody period. It is further submitted that the alleged narcotic
contraband which is said to have been recovered from his
possession falls within the category of small quantity.
5. Learned APP for the State opposes the bail prayer
of the petitioner.
6. In the facts and circumstances of this case and
considering the statements made in the petition as well as above
submissions, coupled with petitioner's custody period, this court
is inclined to release him on bail. Accordingly, let the petitioner
named-above be enlarged on bail in connection with N.D.P.S.
Case No. 28 of 2022, arising out of Saraiya P.S. Case No. 11 of
2022, on furnishing bail bond of Rs. 20,000/- (Rupees Twenty
Thousand) with two sureties of the like amount each to the
satisfaction of the Court concerned.
(Shailendra Singh, J)
Rajiv/-
U T
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