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Patna High Court

Kanhai Sahani @ Kanhai SahniversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Bail was denied as the court was not inclined to release the petitioner given the commercial quantity of charas involved.

Summary

The petitioner, Kanhai Sahani, applied for regular bail in a case where police recovered 1.538 kg of charas and 200 litres of spirit from his premises, alleging offences under the Bihar Prohibition and Excise Act and the NDPS Act. The petitioner claimed a clean antecedent and had been in custody since 12 January 2024, asserting this was his third bail attempt. The court examined the seriousness of the alleged offences, noting that the quantity of charas constituted a commercial amount. Considering the nature of the offence and the risk of tampering with evidence, the court was not inclined to grant bail. Consequently, the bail application was rejected.

Issues considered

  • Whether bail can be granted to an accused when a commercial quantity of charas is recovered from his possession under the Bihar Prohibition and Excise Act and the NDPS Act

Legislation cited

Subjects

  • bail
  • NDPS Act
  • Bihar Prohibition and Excise Act
  • charas
  • commercial quantity
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2349 of 2026
                   Arising Out of PS. Case No.-19 Year-2024 Thana- HARSIDHI District- East Champaran
                 ======================================================
                 Kanhai Sahani @ Kanhai Sahni S/o Deyali Sahani R/V- PanapurTadhawa
                 Tola, PS- Harsidhi, Distt.- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anuj Kumar, Advocate
                 For the Opposite Party/s :       Ms. Shaheen Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   25-02-2026                   1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                 2. The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 30(a), 32(2) and 41(1) of the

                   Bihar Prohibition and Excise Act read with Sections 8, 20(b)(ii)

                   (c), 25 and 29 of the NDPS Act.

                                 3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and is in custody

                   since 12.01.2024 and allegation is of recovery of 1.538 kg of

                   Charas from possession of petitioner along with 200 liters of

                   spirit from an open field situated in front of the house of the

                   petitioner.

                                 4. Learned counsel for the petitioner next submits that

                   this is the third attempt of the petitioner to seek regular bail.
            Patna High Court CR. MISC. No.2349 of 2026(3) dt.25-02-2026
                                                        2/2




                                   5. In the nature of allegation that 1.538 kg of

                      Charas ,which is a commercial quantity, was recovered from

                      possession of the petitioner, as such, the Court is not inclined to

                      release the petitioner on bail.

                                   6. Accordingly, the instant bail application stands

                      rejected.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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