Patna High Court
Prakash SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that regular bail may be granted in NDPS cases where the accused cooperates and the circumstances justify it, subject to strict conditions.
Summary
The petitioner, Prakash Sah, was arrested in connection with an NDPS case involving the recovery of 40.40 grams of heroin from two co-accused. He claimed that he was falsely implicated and that his name appeared only in the self‑inculpatory statements of the co‑accused. The petitioner has one prior criminal antecedent and had been in custody since 7 February 2026. The prosecution opposed his regular bail application, citing the seriousness of the offences under Sections 8(c) and 21(b) of the NDPS Act. The High Court, after considering the facts, allowed the regular bail with a bond of Rs.10,000 and two sureties, subject to attendance at the police station every Sunday and cancellation on default or fresh charges. The order reflects the court’s discretion to grant bail even in NDPS cases where the accused cooperates and the circumstances warrant it.
Issues considered
- Whether the petitioner is entitled to regular bail under the NDPS Act despite the seriousness of the offences and his prior criminal antecedent
- Whether the conditions imposed by the court are appropriate to ensure the petitioner’s cooperation and appearance
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 8(c)
Subjects
- regular bail
- NDPS Act
- bail conditions
- criminal procedure
- court discretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41326 of 2026
Arising Out of PS. Case No.-263 Year-2025 Thana- BASOPATTI District- Madhubani
======================================================
Prakash Sah S/o Ram Prakash Sah @ Ramapukar Shah Resident of Village -
Mahinathpur, P.S. - Basopatti, Dist. - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bhavesh Kumar Sah, Advocate
For the Opposite Party/s : Mr.Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in the present case
registered for the offences punishable under Sections 8(c), 21(b)
of the N.D.P.S. Act.
3. As per the prosecution case, the recovery is of
40.40 grams of smack from two co-accused namely, Saroj
Kumar Das and Ashok Kumar Das.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case. It is next submitted that the name of the petitioner
has surfaced in the self-inculpatory statement of the co-accused.
Learned counsel further submits that petitioner has one criminal
antecedent and he is in custody since 07.02.2026. The petitioner
Patna High Court CR. MISC. No.41326 of 2026(2) dt.08-07-2026
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undertakes to co-operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the facts and circumstances of the
case, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Principal Sessions Judge,
Madhubani /concerned Court below in connection with
Basopatti P.S. Case No. 263 of 2025.
8. This is also subject to the condition that the
petitioner shall also mark his attendance at Basopatti Police
Station, District – Madhubani on every Sunday of the month.
Any default in appearance at the Police Station would result in
cancellation of bail bonds of the petitioner.
9. If in future the petitioner is found to be involved in
another fresh case, his bail bonds shall automatically be
cancelled by the Court below.
(Sandeep Kumar, J)
tusharika/-
U T
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