Patna High Court
Rohit Sahni @ Rohit SahaniversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- HARISH KUMAR
Holding
Anticipatory bail was denied as the court was not convinced of the petitioner’s innocence under the stringent provisions of the NDPS Act.
Summary
Rohit Sahni applied for anticipatory bail after police linked him to a narcotics case (Baisi P.S. Case No. 32 of 2023) involving 400 grams of brown sugar seized from a motorcycle. The police alleged that the accused riding the motorcycle identified Sahni as the source of the narcotic material. The petitioner argued that the statements of the apprehended persons have no evidentiary value, the motorcycle does not belong to him, and there is no other material linking him to the crime. The State contended that the commercial quantity of narcotics recovered indicated Sahni’s involvement. The High Court, considering the disclosure by the apprehended persons, the recovery of a commercial quantity, and the stringent provisions of Section 37 of the NDPS Act, rejected the anticipatory bail application, directing that bail may be considered only if the petitioner surrenders within four weeks.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under the NDPS Act in view of the disclosure by the apprehended persons and the recovery of a commercial quantity of narcotic substance.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(c), 37, 8(c)
Subjects
- anticipatory bail
- NDPS Act
- Section 37
- narcotics
- commercial quantity
- drug trafficking
- bail application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2722 of 2026
Arising Out of PS. Case No.-32 Year-2023 Thana- BAISI District- Purnia
======================================================
Rohit Sahni @ Rohit Sahani Son of Ramu Sahani R/O Vill.- Shantinagar,
P.S.- Dalkola, District- Uttar Dinajpur (West Bengal)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rabindra Kumar Priyadarshi
For the Opposite Party/s : Mr.Ram Sevak Choudhary
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 04-02-2026 Heard the parties.
2. The petitioner apprehends his arrest in connection
with Baisi P.S. Case No. 32 of 2023, registered for the offences
punishable under Sections 8(c)/21(c) of the NDPS Act.
3. In course of vehicle checking, the police
intercepted a motorcycle bearing registration No. WB-60X/
2992. The apprehended persons who were riding the motorcycle
disclosed the name of the petitioner from whom they have
received the incriminating materials. In course of search, total
400 grams smack/brown sugar was recovered.
4. Learned Advocate for the petitioner submitted that
save and except the disclosure made by the apprehended
persons, there is no material suggesting the complicity of the
petitioner in crime. Moreover, the disclosure made by the
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apprehended persons before the police has no evidentiary value.
The motorcycle which is said to have been recovered does not
belong to the petitioner. The fair antecedent of the petitioner
also suggests that he had never been involved in such activity.
During the course of investigation, no other materials have been
collected which suggest the petitioner has any association with
the apprehended persons.
5. On the other hand, learned Advocate for the State
vehemently opposed the bail application and submitted that
admittedly the commercial quantity of smack/brown sugar
weighing 400 gms were recovered from the possession of the
apprehended persons and it is he, who provided the narcotic
substance.
6. Having considered the submissions set forth by the
learned Advocates for the respective parties and taking note of
the materials available on record, especially the disclosure made
by the apprehended persons as well as the recovery of
commercial quantity of narcotic substance, besides the rigors
provided under Section 37 of the NDPS Act, this Court is not
acceded to the prayer for grant of anticipatory bail to the
petitioner. Accordingly the same stands rejected.
7. However, if the petitioner surrenders within four
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weeks from today, his prayer for bail shall be considered by the
court below without being prejudiced by the order of this Court.
(Harish Kumar, J)
Anjani/-
U T
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