Patna High Court
Pappu Kumar Sah @ Pappu SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that regular bail should be granted to the petitioner subject to conditions, as the circumstances did not justify its denial.
Summary
The petitioner, Pappu Kumar Sah, was arrested in connection with a case registered under Sections 21 and 22 of the NDPS Act for alleged narcotics smuggling. He sought regular bail, claiming innocence and stating that his name appeared only because of a confessional statement by co‑accused Chandan Sahni, who had already been granted bail. The State opposed the bail application, arguing the seriousness of the offences. The Court examined the bail provisions under Section 482(2) of the B.N.S.S. and the circumstances of the petitioner's custody since 23‑03‑2026. Finding no compelling reason to deny bail, the Court allowed the regular bail with a bond of Rs.10,000 and two sureties, subject to attendance and conduct conditions. The order was made clear to be prima facie and not a determination on the merits of the underlying criminal case.
Issues considered
- What is the applicability of regular bail under Section 482(2) of the B.N.S.S. in a case under Sections 21 and 22 of the NDPS Act?
- Whether the petitioner’s alleged involvement, based solely on a co‑accused’s confessional statement, warrants denial of bail.
Legislation cited
- B.N.S.S. — s. 482(2)
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21, 22
Subjects
- regular bail
- NDPS Act
- narcotics smuggling
- confessional statement
- co‑accused
- sureties
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41427 of 2026
Arising Out of PS. Case No.-51 Year-2025 Thana- JOGBANI District- Araria
======================================================
Pappu Kumar Sah @ Pappu Sah S/o Jay Prakash Sah Resident of village-
Jogbani Bhatwa Tola, Ward No. 13, PS- Jogbani, Distt.- Araria, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Ravish, Adv.
For the Opposite Party/s : Mr. Anish Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 25-06-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in connection with
Jogbani P.S. Case No. 51 of 2025, registered for the offence
under Sections 21 and 22 of the N.D.P.S.
3. As per the prosecution case, the petitioner is alleged
to have been involved in selling and smuggling of narcotics
substances.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence. The
name of the petitioner has figured in this case by the
confessional statement of co-accused Chandan Sahni. The co-
accused Chandan Sahni from whose possession the alleged
recovery has been made, has been granted bail by this Court and
Patna High Court CR. MISC. No.41427 of 2026(2) dt.25-06-2026
2/3
the case of the present petitioner stands on similar footings. The
petitioner is in custody since 23.03.2026.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances,
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/- (Rs.
Ten Thousand Only) with two sureties of the like amount each
to the satisfaction of the learned Court below where the case is
pending/successor Court in connection with Jogbani P.S. Case
No. 51 of 2025, subject to the conditions as laid down under
Section 482(2) of the B.N.S.S. with further conditions that:-
(i) The petitioner will mark
his attendance at the Jogbani Police
Station on every Sunday of each
month. Any default in appearance at
the Police Station would result in
cancellation of bail bonds of the
petitioner.
(ii) The petitioner shall
desist himself from committing any
crime in the future and shall not
indulge in any fresh case, failing
which, the court below shall be at
liberty to cancel the bail bonds of the
petitioner.
Patna High Court CR. MISC. No.41427 of 2026(2) dt.25-06-2026
3/3
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
sadique/-
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