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Patna High Court

Jay Kishor SahversusThe State of Bihar

Decided
Disposal
ALLOWED

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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