Patna High Court
Lakhan SahaniversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied as the court was not inclined to grant it in view of the huge recovery of narcotics.
Summary
The petitioner, Lakhan Sahani, was arrested in connection with a case registered under the NDPS Act for the alleged possession of 16.9 kg of ganja. He applied for regular bail, claiming false implication, lack of any incriminating articles in his possession, and a clean criminal record, while offering to cooperate with the trial. The State opposed the bail, emphasizing the large quantity of narcotics seized. The Court considered the seriousness of the offence and the substantial drug recovery, and concluded that granting bail would be inappropriate. Consequently, the bail application was dismissed.
Issues considered
- Whether bail can be granted to an accused under the NDPS Act when a large quantity of narcotics has been seized.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(II)(C), 23(C), 29, 8
Subjects
- bail
- NDPS Act
- narcotics seizure
- large quantity
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27113 of 2026
Arising Out of PS. Case No.-123 Year-2025 Thana- INARWA District- West Champaran
======================================================
Lakhan Sahani Son of Dhrup Sahani R/o Ward 15 Sikta, P.S.- Sikta, West
Champaran, Bettiah
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhananjay Kumar, Advocate
For the Opposite Party/s : Mr.Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Inarwa
P.S. Case No. 123/2025 registered for the offences punishable
under Sections 8/ 20(b)(II)(C)/ 23(C)/ 29 of the N.D.P.S. Act.
3. As per the prosecution case, 16.9 kg of ganja was
recovered from the petitioner.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. No
incriminating articles has been recovered from his possession.
Learned counsel further submits that he has no criminal
antecedent and he is in custody since 19.09.2025. The petitioner
undertakes to co-operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
Patna High Court CR. MISC. No.27113 of 2026(2) dt.22-04-2026
2/2
for regular bail of the petitioner.
6. Considering the huge recovery of narcotics, 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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