Patna High Court
Kashi SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioner, subject to a bail bond and conditions.
Summary
The petitioner, Kashi Sah, a 76‑year‑old man, was named in an FIR under Sections 8, 20(b)(ii)(B) and 29 of the NDPS Act, 1985 for allegedly possessing 2.430 kg of ganja after he allegedly threw a bag into a nearby house during a police search. He contended that he is innocent, that his age was incorrectly recorded in the FIR, and that a family partition had separated him from the other accused (his son and daughter‑in‑law), rendering him unrelated to the alleged contraband. The petitioner’s counsel also highlighted a prior criminal case unrelated to the NDPS Act and submitted the partition deed as evidence. The State opposed bail, arguing the seriousness of the offence. The Court, after considering the circumstances, granted anticipatory bail to the petitioner, subject to a Rs 30,000 bail bond and conditions under the Bail and Surrender of Surety Act, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the NDPS Act, 1985 in view of the alleged possession of 2.430 kg of ganja.
- Whether the petitioner’s age misrecording and family partition affect the justification for bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 — s. 20(b)(ii)(B), 29, 8
Subjects
- anticipatory bail
- NDPS Act
- possession of ganja
- family partition
- age misrecording
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31901 of 2026
Arising Out of PS. Case No.-61 Year-2026 Thana- CHOUTARWA District- West Champaran
======================================================
Kashi Sah S/O Late Tilakdhari Sah R/O Vill.- Raybari Mahuahwa, P.s.-
Chautarwa, Dist.- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manaur Alam, Advocate
For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Chautarwa P.S. Case No. 61 of 2026, dated 08.02.2026,
lodged under Sections 8, 20(b) (ii) (B) and 29 of the N.D.P.S.
Act, 1985.
3. As per the prosecution, FIR has been lodged
against three named accused persons including the present
petitioner stating that when the petitioner was subjected to
search, he threw one bag into a nearby house. Upon recovery, it
was found that 2.430 kg of ganja had been recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
further submits that the petitioner is an old-aged person of 76
Patna High Court CR. MISC. No.31901 of 2026(2) dt.07-05-2026
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years, though the police has shown his age in the FIR as 55
years. Counsel further submits that Accused No. 1 is his son and
Accused No. 3 is his daughter-in-law. However, it is submitted
that the petitioner has four sons and partition had already taken
place in the family. In support of the same, it is submitted that
the partition took place before the Sarpanch, in which the shares
of the family members were separated. Counsel further submits
that after partition, the petitioner is living separately and has no
concern with the other family members. Counsel further submits
that the petitioner has unnecessarily been made an accused in
the present case. Counsel also submits that there is one criminal
antecedent of the petitioner, but the said case does not relate to
the NDPS Act. Furthermore, counsel submits that the partition
deed has been attached as Annexure P/3.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that from the pleadings and
Annexure P/3, it transpires that partition had taken place among
the family members.
6. Considering the facts and circumstances of the
present case, let the above-named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
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bail bond of Rs.30,000/- (Rupees Thirty Thousand) as
mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of Exclusive Special Judge, (N.D.P.S.), West
Champaran, Bettiah, in connection with Chautarwa P.S. Case
No. 61 of 2026, subject to the conditions as laid down U/s
482(2) of the BNSS, 2023.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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