Patna High Court
Rahul Kumar SahniversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail is denied as the offence involves a commercial quantity of narcotics and the trial is at an advanced stage.
Summary
Petitioner Rahul Kumar Sahni was arrested in connection with the recovery of 283.10 kg of ganja from a truck, a commercial quantity, under sections 8C, 20B, 25 and 29 of the NDPS Act. He has been in custody since 31‑10‑2022 and his earlier bail applications were rejected twice. The petitioner, who has no prior criminal record, renewed his bail prayer, arguing his cooperation and the advanced stage of the trial, where four of six prosecution witnesses have already been examined. The court, noting the commercial quantity of the narcotics and that the trial is nearing completion, declined to grant bail, but directed the trial court to expedite the remaining proceedings within three months. Consequently, the bail application was dismissed.
Issues considered
- Whether bail can be granted in an NDPS case involving a commercial quantity of narcotics.
- Whether the advanced stage of trial and the number of witnesses examined preclude the grant of bail.
- Whether the petitioner’s lack of antecedents and willingness to cooperate affect the bail decision.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20B, 25, 29, 8C
Subjects
- bail
- NDPS Act
- commercial quantity
- drug trafficking
- expedited trial
- Directorate of Revenue Intelligence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61937 of 2025
Arising Out of PS. Case No.-18 Year-2022 Thana- D.R.I District- Muzaffarpur
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Rahul Kumar Sahni S/o Dhaneshwar Sahni Resident of Village- Jagdishpur,
PS- Dariyapur, Distt.- Saran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Union of India through Directorate of Revenue intelligence, Regional unit
Patna Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dr. Bipin Chandra,Adv.
For the Opposite Party/s : Mr.Zainul Abedin, APP
For the DRI : Mr. Anshuman Singh, Adv.
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
5 20-02-2026 Heard learned counsel for the petitioner, learned
APP for the State and learned counsel for the DRI.
2. The petitioner has renewed his prayer for bail in
connection with NDPS Case No.53 of 2023 arising out of DRI
Case no.18 of 2022-23 registered under sections 8C, 20B, 25
and 29 of NDPS, Act.
3. There is recovery of a total of 283.10 Kgs. of
ganja from a truck bearing WB39C1207.
4. Learned counsel for the petitioner submits that
earlier the prayer for bail has been rejected twice vide orders
dated 02.08.2023 and 19.09.2024 in Cr. Misc. Nos. 46416 of
2023 and 30030 of 2024 respectively. The matter concerns
recovery of 283.310 Kgs. of ganja, which is commercial
quantity. The petitioner has remained in custody since
31.10.2022 and despite direction of expeditious trial given in
Patna High Court CR. MISC. No.61937 of 2025(5) dt.20-02-2026
2/2
order dated 02.08.2023 till date the trial has not concluded. The
petitioner has no criminal antecedent and undertakes to
cooperate in the case/trial.
5. The application for bail is opposed by learned
counsel for the DRI on the ground that trial has proceeded and is
reaching almost at end.
6. A report called from the learned trial Court
indicates that four out of six prosecution witnesses have been
examined and two witnesses remain to be examined.
7. Upon consideration of facts and circumstances of
the case, coupled with recovery of commercial quantity of
ganja and advanced stage of case, I am not inclined to grant bail
to the petitioner. The prayer is thus rejected.
8. However, taking into consideration that in an
NDPS case, the witnesses are mostly officials and only two
remain to be examined, the learned trial Court is directed to
expedite the trial and conclude the same preferably within a
period of 3 months of receipt of a copy of this order.
(Soni Shrivastava, J)
Harsh/-
U T
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