Patna High Court
Joshi Sahani @ Bhupendra KumarversusThe State Of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ALOK KUMAR SINHA
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
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(B)(ii)(c), 22(b)(c), 23(C), 25, 29, 37
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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