Patna High Court
Rajan sahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(c), 23(c), 37
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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