Patna High Court
Dry Sahani @ Darai SahaniversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner.
Summary
Dry Sahani was arrested in connection with the alleged possession of 5.480 kg of ganja, contravening Sections 20(b)(ii)(c) and 23(c) of the NDPS Act. The petitioner contended that he was falsely implicated, that no contraband was actually recovered from his possession, and that the seizure did not comply with Section 105 of the Bihar Narcotic Substances Act. The State opposed bail, arguing the seriousness of the offence. After hearing both sides, the Court examined the facts, the alleged quantity (which, while more than a small amount, was argued to be less than a commercial quantity), and the petitioner’s lack of prior criminal record. The Court concluded that bail was appropriate and ordered the petitioner to be released on a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether bail can be granted to the petitioner under the NDPS Act for alleged possession of 5.480 kg of ganja.
- Whether the seizure complied with the procedural requirements of Section 105 of the Bihar Narcotic Substances Act.
- Whether the quantity involved constitutes a commercial quantity that would preclude bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(c), 23(c)
Subjects
- bail
- NDPS Act
- possession of narcotics
- seizure procedure
- Section 105
- commercial quantity
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39488 of 2026
Arising Out of PS. Case No.-30 Year-2026 Thana- Haraiya District- East Champaran
======================================================
Dry Sahani @ Darai Sahani S/o Late Badri Sahani R/o Village - Along Ward
no. 17, P.S. - Chandal Chowk, Dist. - Parsa, Nepal.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Zonal Director Narcotics Control Bureau, Patna, Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Roshan Kumar, Advocate.
For the UOI : Dr. Krishna Nandan Singh, Sr. Advocate. (ASGI)
Ms. Radhika Raman (CGC)
Mr. Manoj Kumar Singh (CGC)
Mr. Ankit Kumar Singh, Advocate.
For the Opposite Party/s : Mr. Prem Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 22-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail registered for the
offence punishable under Sections 20(b)(ii)(c) and 23(c) of the
NDPS Act.
3. The case of the prosecution, in short, is that from the
possession of this petitioner, altogether 5.480 kg of ganja like
contraband was recovered.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
offence. He has been falsely implicated in this case. He also
submits that nothing has been recovered from the possession of
the petitioner. The witnesses of the seizure list are police
Patna High Court CR. MISC. No.39488 of 2026(2) dt.22-06-2026
2/2
personnel and the police has not complied with Section 105 of the
BNSS while making the seizure. He further submits that the
alleged recovery of contraband is though more than small quantity
but is much less than commercial quantity. Moreover, a statement
has been made in para 3 of the petition that petitioner has no
criminal antecedent and he is languishing in judicial custody since
19.02.2026.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of
the like amount each to the satisfaction of the learned Sessions
Judge/Special Judge, Motihari, East Champaran in connection
with Haraiya P.S. Case No. 30 of 2026 (N.D.P.S. G.R. Case No.
56 of 2026).
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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