Patna High Court
Vicky Kumar SahaniversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that bail could not be granted in view of the large quantity of narcotic drugs recovered.
Summary
The petitioner, Vicky Kumar Sahani, applied for regular bail in a case registered under the Narcotic Drugs and Psychotropic Substances (NDPS) Act for the alleged possession of 5.6 kg of ganja. The prosecution alleged that the seized quantity was large and the offences fell under Sections 8, 20(B)(II)(B), 25, 29 and 23(B) of the NDPS Act. The petitioner’s counsel argued that he was falsely implicated, had no prior criminal record and was willing to cooperate with the trial. The State’s Additional Public Prosecutor opposed bail, emphasizing the seriousness of the offence and the substantial quantity of drugs recovered. Considering the magnitude of the seizure, the Court was not inclined to grant bail and dismissed the bail application.
Issues considered
- Whether bail should be granted to an accused under the NDPS Act when a large quantity of narcotic (5.6 kg) has been seized.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(B)(II)(B), 23(B), 25, 29, 8
Subjects
- bail
- NDPS Act
- drug possession
- large quantity seizure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21882 of 2026
Arising Out of PS. Case No.-377 Year-2025 Thana- CHHAURADANO District- East
Champaran
======================================================
Vicky Kumar Sahani Son of Pramod Sahani Resident of village - ranagar
panchayat Shrinagar Bairima, P.S.- Simrangardh, District - Bara (Nepal).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
For the Opposite Party/s : Mr.Madhura Nand Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Chhauradano P.S. Case No. 377/2025 registered for the offences
punishable under Sections 8, 20(B)(II)(B), 25, 29, 23(B) of
N.D.P.S. Act.
3. As per the prosecution case, 5.600 kg of ganja was
recovered from the petitioner.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. Learned
counsel further submits that he has no criminal antecedent and
he is in custody since 19.12.2025. The petitioner undertakes to
co-operate in the case/ trial.
Patna High Court CR. MISC. No.21882 of 2026(2) dt.07-04-2026
2/2
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the huge recovery, this Court is not
inclined to grant bail to the petitioner.
7. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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