Patna High Court
Sagar Dhangar @ sagar DhagarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
Holding
The court granted bail to the petitioner with specified conditions.
Summary
Sagar Dhangar was arrested in a special NDPS case for alleged possession of narcotics, with 6.48 grams of smack recovered from a co-accused, Akash Dhangar. The petitioner contended that no narcotics were found in his possession and that he was merely in judicial custody since May 5, 2026, though he was accused of attempting to free Akash during the police apprehension. The State opposed bail, highlighting four prior criminal cases against the petitioner. After hearing both sides, the court considered the lack of direct recovery from the petitioner, his cooperation prospects, and the need for sureties. The court granted bail on the condition of a Rs.10,000 bond, two sureties of equal amount, and that one bailor be a near relative, directing compliance with the Special NDPS Judge.
Issues considered
- Whether bail should be granted to the petitioner under Sections 8(c) and 21(b) of the NDPS Act and the cited provisions of the BNS Act despite alleged involvement and prior criminal antecedents.
Legislation cited
Subjects
- bail
- NDPS Act
- narcotics
- criminal antecedent
- judicial custody
- special judge
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39661 of 2026
Arising Out of PS. Case No.-162 Year-2026 Thana- BUDDHACOLONY District- Patna
======================================================
Sagar Dhangar @ sagar Dhagar Son of Ramesh Dhangar R/o China Kothi,
Harijan Colony, P.S.- Budha Colony, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ghanshyam Tiwary, Advocate
For the Opposite Party/s : Mr. Surendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Special NDPS Case No. 172 of 2026 arising out of Budha
Colony P.S. Case No.162 of 2026 registered for the offence
punishable under Sections 8(c) & 21(b) of the NDPS Act and
under Sections 109, 132, 191(2), 190 and 125 of the BNS.
3. The case of the prosecution, in short, is that from
possession of one co-accused Akash Dhangar altogether 6.48
gm of smack was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that nothing has been recovered from
the possession of this petitioner. Recovery, if any, has been
made from possession of Akash Dhangar. The allegation against
Patna High Court CR. MISC. No.39661 of 2026(2) dt.24-06-2026
2/2
the petitioner is that when the police apprehended Akash, he
along with others attempted to release him from the police. It
has further been submitted that the petitioner is in judicial
custody since 05.05.2026.
5. The application for bail is opposed by learned APP
for the State. It has further been submitted that the petitioner is
having criminal antecedent of four cases.
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 with the condition that
the petitioner shall co-operate in the trial and that one of the
bailors should be near relative of the petitioner. 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 court
of learned Exclusive Special Judge (NDPS Act) No.II, Patna in
connection with Special NDPS Case No. 172 of 2026 arising
out of Budha Colony P.S. Case No.162 of 2026
(Ashok Kumar Pandey, J)
durgesh/-
U T
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