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Patna High Court

Rajan sahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

Petitioner Rajan Sahani was arrested on 19 February 2026 in connection with an NDNDPS case where 5.480 kg of ganja was seized from a motorcycle. He contended that he was merely a passenger and had no knowledge of the contraband, and he has a clean antecedent. The prosecution opposed bail, citing the offence under Sections 20(b)(ii)(c) and 23(c) of the NDPS Act. The court noted that the seized quantity was below the commercial threshold, there is no embargo under Section 37, and a co‑accused had already been granted bail. Accordingly, the court granted bail on a bond of Rs.10,000 with two sureties and imposed standard conditions for cooperation and non‑tampering.

Issues considered

  • Whether bail can be granted to an accused under the NDPS Act when the seized quantity is less than commercial quantity and there is no embargo under Section 37.
  • Whether the petitioner’s clean antecedent and the bail granted to a co‑accused justify granting bail.

Legislation cited

Subjects

  • NDPS Act
  • bail
  • narcotics
  • commercial quantity
  • Section 37
  • clean antecedent
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39436 of 2026
                     Arising Out of PS. Case No.-30 Year-2026 Thana- Haraiya District- East Champaran
                 ======================================================
                 Rajan Sahani Son of Lalbabu Sahani Resident of Village - Along, Ward no.
                 -17, P.S.- Chandal Chowk, District- Parsa, Nepal.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Abhishek Kumar, Advocate
                 For the Opposite Party/s :        Mr.Ajay Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   23-06-2026                   Heard Mr.Abhishek Kumar, learned counsel for the

                   petitioner and Mr.Ajay Kumar Jha, learned A.P.P. for the State.

                                2. The petitioner seeks bail, who is in custody since

                   19.02.2026 in connection with Haraiya P.S. Case No. 30 of

                   2026, NDPS G.R. Case No.56 of 2026, F.I.R. dated 18.02.2026

                   registered for the offence punishable under Sections 20(b)(ii)

                   (c)/23(c) of N.D.P.S.Act.

                                3. Recovery is of 5.480 Kg of Ganja.

                                4. Learned counsel appearing for the petitioner

                   submits that the petitioner has clean antecedent. He further

                   submits that it appears from the FIR as well as seizure list that

                   altogether 5.480 Kg of Ganja like substance has been recovered

                   from the motorcycle in question and petitioner was apprehended

                   alongwith co-accused person, namely, Dry Sahani @ Darai
Patna High Court CR. MISC. No.39436 of 2026(2) dt.23-06-2026
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          Sahani. In fact the petitioner has taken lift on the motorcycle of

          co-accused and petitioner has no knowledge that co-accused

          was carrying the Ganja, apart from that, the recovered Ganja is

          less than the commercial quantity. Hence, there is no embargo

          under Section 37 of the N.D.P.S.Act for grant of bail to the

          petitioner. Further submits that co-accused person, namely, Dry

          Sahani @ Darai Sahani has been granted bail by a Coordinate

          Bench of this Hon’ble Court vide order dated 22.06.2026 passed

          in Cr. Misc. No.39488 of 2026,                       and the police, after

          investigation, submitted chargesheet against the petitioner and

          the petitioner is in custody since 19.02.2026.

                       5. Learned A.P.P. for the State, on the other hand, has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts, petitioner has clean

          antecedent, recovered contraband is less than the commercial

          quantity and co-accused person has been granted bail by a

          Coordinate Bench of this Hon’ble Court, let the petitioner,

          above named, be released on bail on furnishing bail bond of

          Rs.10,000/- (Ten Thousand) with two sureties of the like amount

          each to the satisfaction of learned Sessions Judge/Special Judge,

          East Champaran, Motihari in connection with Haraiya P.S. Case

          No. 30 of 2026, NDPS G.R. Case No.56 of 2026,with the
               Patna High Court CR. MISC. No.39436 of 2026(2) dt.23-06-2026
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                         following conditions:-

                                      (I) Petitioner shall co-operate in the trial and shall be

                         properly represented on each and every date fixed by the Court

                         and shall remain physically present as directed by the Court and

                         on his/her absence on two consecutive dates without sufficient

                         reason, his/her bail bond shall be cancelled by the Court below.

                                      (II) If the petitioner tampers with the evidence or the

                         witnesses, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (III) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his

                         criminal antecedent, the court below shall take step for

                         cancellation of bail bond of the petitioner. However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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