Patna High Court

Gyan Chand Sah @ Gyanchand SahversusThe State of Bihar

Decided: 27 February 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

The court held that regular bail could not be granted to the petitioner under the NDPS Act.

Summary

Gyan Chand was charged under Sections 20(b)(ii)(c) of the NDPS Act in Jogbani P.S. Case No. 93 of 2024. He filed a second application for regular bail after an earlier bail request was denied on 1 October 2024. The State’s counsel highlighted that six out of seven witnesses had been examined, indicating the investigation’s progress. The court examined the seriousness of the offence and the evidentiary stage, concluding that the petitioner did not satisfy the criteria for regular bail under the NDPS Act. Consequently, the court rejected the bail application, leaving the petitioner in custody.

Issues considered

Whether the petitioner is entitled to regular bail under Sections 20(b)(ii)(c) of the NDPS Act
Whether the examination of six witnesses justifies denial of bail

Legislation cited

Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(c)

Subjects

bail
NDPS Act
regular bail
criminal procedure
witness testimony

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.32924 of 2025
                         Arising Out of PS. Case No.-93 Year-2024 Thana- JOGBANI District- Araria
                  ======================================================
                  Gyan Chand Sah @ Gyanchand Sah S/O Dev Narayan Sah @ Devnarayan
                  Sah R/O Village- Bhimpur, Ward No. 07, P.S Chhatpur, Distt.- Supaul.

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Md. Ziaul Quamar
                  For the Opposite Party/s :       Mr. Binod Kumar
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

5    27-02-2026                  Heard the learned counsel for the petitioner and Mr.

                    Jharkhandi Upadhyay, the learned APP for the State.

                                 2. This is the 2nd attempt of the petitioner seeking bail

                    in connection with Jogbani P.S. Case No. 93 of 2024 registered

                    for the offence under Sections 20(b)(ii)(c) of the NDPS Act.

                                 3. Earlier the bail application of the petitioner was

                    rejected on 01.10.2024 in Cr. Misc. No. 67508 of 2024.

                                 4. The learned APP for the State submits that out of

                    seven witnesses, six witnesses have been examined.

                                 5. Considering the aforesaid facts and circumstances,

                    I am not inclined to grant regular bail to the petitioner.

                    Accordingly, this application for regular bail stands rejected.


                                                           (Sandeep Kumar, J)
Shishir/-
U       T

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