Patna High Court
Bablu Kumar SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The Patna High Court considered an application for regular bail filed by Bablu Kumar Sah, who was arrested after 7.8 kg of cannabis was recovered from a damaged motorcycle. The prosecution alleged that the seizure fell under Sections 21, 22 and 23 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The petitioner asserted that he was only the owner of the bike, which had been handed over to a third‑party, Suraj Sah, and that no contraband was found in his possession; he also pointed to his clean criminal record and argued that the quantity, though more than a small amount, was far below commercial quantity. The State opposed the bail. After weighing the facts and circumstances, the court held that the petitioner was entitled to regular bail and ordered his release on a bond of Rs 10,000 with two sureties, subject to the conditions of the Special NDPS Judge.
Issues considered
- Whether the petitioner is eligible for regular bail under the NDPS Act for the alleged possession of 7.8 kg of cannabis
- Whether the quantity seized constitutes a commercial quantity warranting denial of bail
- Whether the petitioner’s claim of false implication and lack of criminal antecedent merit bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21, 22, 23
Subjects
- regular bail
- NDPS Act
- possession of cannabis
- quantity of narcotics
- false implication
- criminal antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28204 of 2026
Arising Out of PS. Case No.-162 Year-2020 Thana- JOGBANI District- Araria
======================================================
Bablu Kumar Sah S/o Suryanand Sah Resident of village- Majhua Chaura
Parwaha, PS- Forbesganj, Distt.- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mrigank Mauli, Sr. Advocate
Mr. Kumar Ravish, Advocate
Mr. Rohit Kumar, Advocate
For the Opposite Party/s : Ms.Madhuri Lata, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 04-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 21, 22 and
23 of the N.D.P.S. Act
3. The case of the prosecution, in short is that from a
damaged bike, altogether 7.8 Kg. of ganja was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
been falsely implicated in this case. Learned counsel for the
petitioner has submitted that petitioner is the owner of the said
bike which was handed over to one Suraj Sah. Nothing has been
recovered from his possession. He has no concern with the
Patna High Court CR. MISC. No.28204 of 2026(2) dt.04-05-2026
2/2
alleged recovery. It has further been submitted that the alleged
recovery is though more than small quantity but is much less
than commercial quantity. Petitioner is having no criminal
antecedent and he is languishing in judicial custody since
16.03.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Jogbani (Bathnaha) P.S. Case No. 162 of 2020 on furnishing
bail bond of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of learned Principal District
and Sessions Judge-cum-Special Judge, NDPS Act, Araria.
(Ashok Kumar Pandey, J)
lata/-
U T
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