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Patna High Court

Ganesh SahversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied anticipatory bail to the petitioner.

Summary

Ganesh Sah applied for anticipatory bail after police raided his residence and seized 15 grams of a smokable substance (smack) along with cash, arresting his wife Seema Devi who identified him as the supplier. The prosecution alleged offences under Sections 8(C) and 21(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The petitioner contended he was not present at the scene, the quantity was small, and the allegation rested solely on his wife's statement, asserting his innocence and clean record. The State opposed bail, emphasizing the seizure from his house and the wife's identification. After reviewing the material, the court found the circumstances sufficient to deny anticipatory bail and rejected the petitioner's application.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the NDPS Act given the seizure of narcotics from his residence and identification by his co-accused.

Legislation cited

Subjects

  • anticipatory bail
  • NDPS Act
  • drug seizure
  • co-accused testimony
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31466 of 2026
                      Arising Out of PS. Case No.-130 Year-2025 Thana- BHARGAMA District- Araria
                 ======================================================
                 Ganesh Sah Son of Late Mahadeo Sah Resident of Village- Baiju Patti
                 Tinkonma Ward No. 03, P.S.- Bhargama, District- Araria

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Pooja Prasad, Advocate
                 For the Opposite Party/s :       Mr. Bishweshwar Ram, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

3   17-06-2026                         Heard the learned counsel for the petitioner and

                   the learned APP for the state.

                                2. The petitioner apprehends his arrest in connection

                   with Bhargama P.S. Case No. 130 of 2025, for allegedly having

                   committed offence under Sections 8 (C) and 21(b) of the

                   N.D.P.S. Act.

                                3. As per the prosecution story, which has been lodged

                   on the basis of the written report submitted by the informant to

                   the effect that he received an information that the petitioner

                   along with his wife is involved in selling and smuggling of

                   smack. To verify the authenticity of the said information, a

                   raiding team was constituted and the informant along with the

                   team reached at the house of the petitioner herein. Upon seeing

                   the police party, one person managed to escape, however, he
Patna High Court CR. MISC. No.31466 of 2026(3) dt.17-06-2026
                                            2/3




          was identified as the petitioner. One woman was taken into

          custody and upon interrogation, she disclosed her name as

          Seema Devi. In presence of the police witnesses search was

          carried out. Smack like substance wrapped in a black foil which

          was found from an orange foil bag under the bed-sheet was

          recovered and the same was found to be total 15 grams. Apart

          from the smack Rs. 29,950/- was also recovered. The arrested

          accused Seema Devi disclosed that her husband i.e., the

          petitioner herein get smack from outside and used to sell it from

          their home.

                       4. The learned counsel for the petitioner submits that

          the petitioner is innocent and has not committed any offence.

          She submits that the petitioner was not present at the place of

          occurrence and therefore there is no question of recovery from

          him. The name of the petitioner transpired in the present case on

          the basis of the statement given by the co-accused Seema Devi

          before the police, since she was apprehended at the place of

          occurrence. She further submits that the recovered smack is

          small quantity and has been recovered from a joint family

          property, therefore, the petitioner cannot be said to be involved

          in sale of smack. She further submits that the petitioner has got

          a clean antecedent.
           Patna High Court CR. MISC. No.31466 of 2026(3) dt.17-06-2026
                                                       3/3




                                  5. Per contra, the learned APP for the state

                     vehemently opposes the prayer for bail of the petitioner and

                     submits that 15 grams of smack has been recovered from the

                     house of the petitioner and wife of the petitioner has been taken

                     into custody at the place of occurrence itself. He further submits

                     that the petitioner managed to escape and has been named by his

                     wife.

                                  6. Having heard the rival submissions and after going

                     through the records, it appears that 15 grams of smack was

                     seized from the house of the petitioner and his wife was

                     arrested. She disclosed the name of the person, who is said to

                     have fled away, as the petitioner.

                                  7. Considering the above facts and circumstances, this

                     court is not inclined to grant the privilege of anticipatory bail to

                     the petitioner. Accordingly, the prayer for anticipatory bail

                     application of the petitioner is hereby rejected.



                                                 (Ritesh Kumar, J)
krishnakant/-

U      T


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