Patna High Court
Bhikari Sah @ Bhikhari Sah @ Vikhari SahversusThe State of BIhar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to the petitioner with specified conditions.
Summary
The petitioner, Bhikari Sah, sought anticipatory bail in a Narcotic Drugs and Psychotropic Substances (NDPS) case where 1.450 kg of opium was seized near the Nepal border, alleged to be linked to a motorcycle intercepted and a co‑accused named Ram Vivah Sah. The petitioner argued he had no criminal antecedent and that the seized quantity was below the statutory commercial threshold of 2.5 kg, while the State opposed bail. The court examined the facts, noting the lack of prior convictions and the sub‑commercial quantity, and considered the provisions of the NDPS Act and Section 438(2) of the Criminal Procedure Code. It granted anticipatory bail subject to a cash bond, sureties, and several conditions including regular court appearances and non‑interference with witnesses. The order remains conditional on the petitioner not having undisclosed criminal antecedents.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC in an NDPS case where the seized quantity is below the commercial threshold and the accused has no prior criminal record.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)(c), 22(c), 23(c), 8
Subjects
- anticipatory bail
- NDPS Act
- drug seizure
- commercial quantity
- criminal antecedent
- Section 438 CrPC
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34627 of 2026
Arising Out of PS. Case No.-158 Year-2024 Thana- SONBERSA District- Sitamarhi
======================================================
Bhikari Sah @ Bhikhari Sah @ Vikhari Sah S/o Lal Bihari Sah R/o village -
Shiv Nagar, P.S.- Bela - District - Sitamarhi
... ... Petitioner/s
Versus
1. The State of BIhar
2. The Union of India through the S.S.B., Sonbarsa P.S., Sitamarhi, Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar, Advocate
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 19-05-2026 Heard Mr. Santosh Kumar, learned Counsel for the
petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection
with Sonbarsa P. S. Case No. 158 of 2024 for the offence
registered under sections 8, 20(b) (ii) (c), 22(c), and 23(c) of
NDPS Act.
3. As per the prosecution story, the informant alleged
that near the Nepal border, a motorcycle was intercepted and
one Ram Vivah Sah was checked whereafter, there is
recovery/seizure of 1.450 kg opium. This led to the FIR.
4. Learned Counsel for the petitioner submits that he
has been named by Ram Vivah Sah which led to his implication,
even the motorcycle does not belong to him. The last
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submission is that the petitioner do not have criminal antecedent
and the recovered/seized item is below the commercial one.
5. Learned APP for the State, on the other hand,
opposes the prayer for anticipatory bail submitting that the
commercial quantity is 2.5 kg.
6. Considering the submissions of the parties as also
the fact that the recovery/seizure is from Ram Vivah Sah, he do
not have criminal antecedent, in that background, this Court is
inclined to grant him the anticipatory bail with conditions.
7. It is however made clear that if the petitioner has
criminal antecedent which has not been incorporated in
paragraph 3, the order shall become infructuous.
8. Let the petitioner in the event of arrest or surrender
within a period of four weeks from the date of receipt of the
order, shall be released on anticipatory bail on furnishing bail of
Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of the learned Principal District
and Sessions Judge Cum Special Judge (NDPS Act),
Sitamarhi/Competent Jurisdiction in connection with Sonbarsa
P.S. Case No. 158 of 2024 subject to condition as laid down
under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family
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members/relatives of the petitioner, who shall provide official
document (Aadhar Card, PAN Card, Driving License, Voter ID)
to show his bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial court itself;
(iii) the petitioner shall appear before the concerned
police station every fortnight for next six months to mark
attendance and at the end of the period, the certificate be
submitted to the Court;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again failing which the State shall be at liberty
to take steps for cancellation of the bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U T
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