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Patna High Court

Joshi Sahani @ Bhupendra KumarversusThe State Of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that the seriousness of the allegations, the large quantity of narcotics recovered, and the co‑accused’s confession provide no reasonable ground to grant anticipatory bail under the NDPS Act.

Summary

The petitioner, Joshi Sahani, sought anticipatory bail after being implicated in a case involving the alleged transport and storage of large quantities of charas, a narcotic, under the NDPS Act. The prosecution’s case was based on a seizure of 30 kg of charas from a motorcycle and a further 30.5 kg recovered from the petitioner’s house, along with a co‑accused’s confession that the petitioner was involved in the drug network. The petitioner argued that he was falsely implicated due to village politics and had no prior criminal record. The court examined the seriousness of the offence, the commercial quantity of narcotics seized, and the applicability of the embargo under Section 37 of the NDPS Act. Finding no reasonable ground to believe the petitioner was not guilty or unlikely to reoffend, the court declined to grant anticipatory bail.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under the NDPS Act in view of the alleged involvement in transporting commercial quantity of narcotics.
  • Whether the embargo under Section 37 of the NDPS Act precludes the grant of anticipatory bail.

Legislation cited

Subjects

  • NDPS Act
  • anticipatory bail
  • narcotics
  • commercial quantity
  • Section 37
  • drug trafficking
  • bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23700 of 2026
                  Arising Out of PS. Case No.-455 Year-2024 Thana- HARSIDHI District- East Champaran
                 ======================================================
                 Joshi Sahani @ Bhupendra Kumar S/O Sanjay Chaudhary @ Sanjay Sahani
                 R/O Vill.- Bairiadih, P.s- Harsidhi, District- East Champaran,Motihari

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. S.K. Lal, Adv
                                                  Mr. Rajesh Kumar, Adv
                 For the Opposite Party/s :       Mr. Ramchandra Sahni
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

3   06-05-2026                      Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                 2. The petitioner apprehends his arrest in connection

                   with Harsidhi P.S. Case No. 455 of 2024 registered for the

                   offence punishable under Sections 20(B) ii(c), 23(C), 29, 25 and

                   22(b)(c) of NDPS Act.

                                 3. The case of the prosecution, in short, is that on

                   23.08.2024, the informant received secret information that a

                   person coming from Chhapwa on a motorcycle was carrying

                   charas. During vehicle checking, at about 15:00 hours, two

                   persons on a motorcycle were spotted carrying yellow packets.

                   On seeing the police, they tried to flee but were apprehended.

                   They disclosed their names as Sajan Kumar and Raju Kumar.
Patna High Court CR. MISC. No.23700 of 2026(3) dt.06-05-2026
                                            2/3




          Upon search, in the presence of witnesses and the Magistrate, 30

          kg of charas (60 packets of 500 grams each) was recovered.

          During interrogation, Raju Kumar revealed that the contraband

          was brought from the Nepal border on the instructions of

          accused Joshi Sahani (the petitioner herein), who stored and

          supplied it to Delhi and Mumbai. Based on this, a raid was

          conducted at Joshi Sahani’s house. Although he managed to

          escape, 30.5 kg of charas (61 packets of 500 grams each) was

          recovered from his house.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in the

          present case due to village politics. His name has come in the

          confessional statement of co-accused. Recovery has been made

          from a joint house. He further submits that the petitioner has no

          concern in transportation of narcotics and the petitioner has no

          criminal antecedent.

                       5. Learned A.P.P. for the State opposes the prayer of

          anticipatory bail.

                       6. From a careful perusal of the allegations levelled in

          the FIR, it appears that the petitioner is named accused in the

          FIR and the apprehended co-accused Raju Kumar has disclosed

          that the petitioner along with him are indulging in transporting
              Patna High Court CR. MISC. No.23700 of 2026(3) dt.06-05-2026
                                                          3/3




                        of narcotics and huge quantity of charas (commercial quantity)

                        was recovered from the house of the petitioner. The embargo

                        under Section 37 of NDPS Act therefore comes into play. There

                        is nothing at this stage to satisfy this Court that there is

                        reasonable ground for believing that the petitioner-accused is

                        not guilty and he is not likely to commit any offense while on

                        bail. Considering these aspects of the matter and particularly,

                        keeping in view the nature of allegation in huge recovery of

                        intoxicant substances, this Court is not inclined to grant

                        privilege of anticipatory bail to the petitioner.

                                     7.   Accordingly,          the   present   anticipatory   bail

                        application stands rejected.



                                                 (Alok Kumar Sinha, J)
kiran/-

U         T


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