Patna High Court
Jay Kishor SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner subject to a bond and conditions.
Summary
The petitioner, Jay Kishor Sah, sought regular bail in a case under Section 21(c) of the NDPS Act where 62 bottles of Expilon cough syrup and tablets were seized from a shop owned by Kedar Sah. The prosecution alleged that the petitioner was present at the time of seizure and implicated him, though the seizure list indicated the items were recovered from the shop and not from his possession. The petitioner claimed innocence, asserted that he was merely standing there, and highlighted his prior similar case and his continued judicial custody since 24-12-2025. The State opposed the bail. Considering the circumstances, the Court granted bail on a bond of Rs.10,000 with two sureties, subject to the condition that the petitioner not commit a similar offence in the future.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 21(c) of the NDPS Act given the facts of the seizure and his alleged involvement.
Legislation cited
Subjects
- bail
- NDPS Act
- regular bail
- drug seizure
- judicial custody
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 32283 of 2026
Arising Out of PS. Case No.-286 Year-2025 Thana- BELA District- Sitamarhi
======================================================
Jay Kishor Sah S/o Badri Sah @ Badri Sah Haluwai R/o vill - Gaushala, P.S.-
Gaushala, Distt.- Mahotari (Nepal)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Uday Kumar, Advocate
For the Opposite Party/s : Mr. Madhura Nand Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in
connection with a case registered for the offence punishable
under Section 21(c) of the NDPS Act.
3. The case of the prosecution, in brief, is that from a
hut-like shop of one Kedar Sah, 62 bottles of Expilon cough
syrup, each containing 100 ml, along with certain tablets, were
recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. It is further submitted that from perusal of the
seizure list, it would transpire that the recovery was made from
the hut-like shop of Kedar Sah and nothing has been recovered
Patna High Court CR. MISC. No. 32283 of 2026(2) dt.13-05-2026
2/2
from the conscious possession of the petitioner. The petitioner
has been implicated merely on the allegation that he was
standing there at the relevant time. It is further submitted that
the petitioner has criminal antecedent of one case of similar
nature. Moreover, the petitioner is languishing in judicial
custody since 24.12.2025.
5. Learned APP appearing for the State has opposed
the prayer for regular bail.
6. Considering the aforesaid facts and circumstances
of the case, this Court is inclined to enlarge the petitioner on
bail. Accordingly, the above-named petitioner is directed to be
released on bail in connection with Bela P.S. Case No. 286 of
2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with
two sureties of the like amount each to the satisfaction of the
learned Sessions Judge-cum-Special Judge (NDPS Act),
Sitamarhi, subject to the condition that the petitioner shall not
indulge in any offence of similar nature in future.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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