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Patna High Court

Rohit Sahni @ Rohit SahaniversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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
Patna High Court CR. MISC. No.2722 of 2026(2) dt.04-02-2026
                                            2/3




          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
           Patna High Court CR. MISC. No.2722 of 2026(2) dt.04-02-2026
                                                       3/3




                     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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