Patna High Court
Deepak Kumar SahaniversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The petition for regular bail was denied.
Summary
The petitioner, Deepak Kumar Sahani, was arrested on 22 April 2025 after a truck he was driving was intercepted with 332.5 kilograms of ganja. He was charged under Section 111 of the Bihar Narcotic Substances Act and Sections 20(B)(II)C and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The petitioner pleaded innocence, claiming he was falsely implicated and that the search and seizure were not conducted in accordance with legal procedure. The State opposed bail, emphasizing that the seizure was made at the spot and involved a commercial quantity of narcotics. The High Court, after considering the facts, concluded that the petitioner did not merit the privilege of bail and rejected the bail application, directing the trial court to expedite the trial.
Issues considered
- Whether the petitioner is entitled to regular bail in view of the alleged offences and the commercial quantity of narcotics seized.
- Whether the search and seizure of the truck complied with statutory requirements.
Legislation cited
- Bihar Narcotic Substances Act — s. 111
- Narcotic Drugs and Psychotropic Substances Act — s. 20(B)(II)C, 29
Subjects
- regular bail
- NDPS Act
- search and seizure
- commercial quantity
- drug trafficking
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50343 of 2025
Arising Out of PS. Case No.-93 Year-2025 Thana- GOVINDGANJ District- East Champaran
======================================================
Deepak Kumar Sahani S/o Ram Ekbal Sahani R/o Village- Bhataha, P.S.-
Motihari (Muffasil), District- East Champaran Present Address- Village-
Tikuliya, P.S.- Turkauliya, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vikash Kumar Shukla, Adv.
For the State : Mr.Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
6 31-01-2026 Heard learned counsel for the petitioner as well
as learned APP for the State.
2. In this case, the petitioner is seeking regular bail
in connection with Govindganj P.S. Case No. 93 of 2025,
registered for the offences punishable under Section 111 of BNS
and sections 20(B)(II)C, 29 of NDPS Act.
3. According to the prosecution case, a truck
bearing registration number BR06GC8705 was intercepted,
which was being driven by the petitioner. 332.5 kilograms of
ganja were recovered from the said truck.
4. The learned counsel for the petitioner has
submitted that the petitioner is innocent and has falsely been
implicated. He is under custody since 22.04.2025 and is merely
Patna High Court CR. MISC. No.50343 of 2025(6) dt.31-01-2026
2/2
alleged to be the driver of the truck wherefrom the ganja was
recovered. He has also submitted that the procedure of search
and seizure was not followed.
5. On the other hand, Mr. Shailendra Kumar, the
learned APP for the State has opposed the prayer for bail by
submitting that the petitioner was arrested at the spot. The FSL
report shows that the recovered contraband is ganja, which is in
commercial quantity.
6. Considering the above-mentioned facts and
circumstances, the petitioner doesn’t deserve the privileges for
bail. Accordingly, it is rejected.
7. The learned trial court is directed to take endeavor
for early conclusion of the trial.
(Nawneet Kumar Pandey, J)
kundan/-
U T
Checking your session…