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Patna High Court

Deepak Sah @ Deepak Kumar @ Deepak Kumar SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a bond and conditions under the CrPC and BNSS.

Summary

The petitioner, Deepak Sah, was arrested in connection with an NDNDPS case and an offence under Section 111 of the Bhartiya Naya Sanhita, 2023. The seized 94 grams of brown sugar was recovered from co‑accused Radheyshyam Yadav and Lalita Devi, not from the petitioner, and the motorcycle from which it was taken had no link to him. The petitioner argued that only suspicion arising from co‑accused statements implicated him and that the investigation was complete with a charge‑sheet filed, leaving no risk of evidence tampering. The State opposed bail, citing the petitioner’s inclusion in the FIR. The court held that the petitioner’s prima facie involvement was based merely on suspicion and, given the completed investigation, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under CrPC Section 437(3) and BNSS Section 480(3).

Issues considered

  • Whether the petitioner is entitled to bail despite being named in the FIR and the investigation being completed.
  • Whether mere suspicion arising from co‑accused statements suffices to deny bail.
  • Applicability of Section 437(3) of the CrPC and Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita in granting bail.

Legislation cited

Subjects

  • bail
  • NDPS
  • B.N.S.
  • suspicion
  • charge sheet
  • CrPC
  • BNSS
  • brown sugar
  • co‑accused

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6937 of 2026
                   Arising Out of PS. Case No.-9 Year-2025 Thana- NAKARDEI District- East Champaran
                 ======================================================
                 Deepak Sah @ Deepak Kumar @ Deepak Kumar Sah, Son of Late Nathu
                 Sah, R/o Village - Virta Tola, Ward No. -01, Sirisiyamal, P.S. - Nakardei, Dist.
                 - East Champaran, Bihar - 845305
                                                                                  ... ... Petitioner
                                                     Versus
                 The State of Bihar
                                                                           ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mohd. Rustam Hussain, Advocate
                 For the Opposite Party/s :       Mr. Mithlesh Kumar Khare, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   09-02-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The accused/petitioner seeks bail in connection

                   with N.D.P.S. Case No.174 of 2025 arising out of Nakardei

                   P.S. Case No.9 of 2025 registered for the offences punishable

                   under Section 111 of the Bhartiya Naya Sanhita, 2023 (in

                   short ‘B.N.S.’) as well as Sections 8(c), 21(b) and 29 of the

                   Narcotic Drugs and Psychotropic Substances Act, 1985 (in

                   short ‘N.D.P.S.’ Act).

                                3. The accused/petitioner is named in the FIR and is

                   in custody since 08.10.2025.

                                4. As per FIR, total 94 grams of brown sugar was

                   recovered from the possession of co-accused Radheyshayam
Patna High Court CR. MISC. No.6937 of 2026(2) dt.09-02-2026
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          Yadav and Lalita Devi and from the tool-box of the

          motorcycle.

                       5. It is submitted by learned counsel appearing for

          petitioner that admittedly the contraband not appears to be

          recovered from physical possession of this petitioner rather

          from the physical possession of Radheshyam Yadav and Lalita

          Devi. It is pointed out that even the motorcycle from where

          94 grams of brown sugar was recovered, nowhere appears to

          be connected with petitioner. It is pointed out that save and

          except suspicion arising out                  of disclosure   made by

          apprehended co-accused persons, nothing incriminating

          appears against this petitioner. While concluding argument, it

          is submitted that investigation of this case is already

          completed, for which, charge-sheet has been submitted and,

          as such, there is no chance of tampering with the evidence.

          The petitioner found involved in one more criminal case,

          where he is on bail.

                       6. Learned APP opposed the prayer for grant of bail

          to the petitioner.

                       7. In view of aforesaid factual submissions and by
            Patna High Court CR. MISC. No.6937 of 2026(2) dt.09-02-2026
                                                        3/3




                      taking note of fact as petitioner prima facie appears

                      implicated with this case on the basis of suspicion, as

                      discussed aforesaid, coupled with the fact that investigation of

                      this case is already completed, where petitioner remains in

                      custody since 08.10.2025, accordingly, the petitioner, above-

                      named, is directed to be released on bail furnishing bail bond

                      of Rs.10,000/- (Rupees Ten Thousand) with two sureties of

                      the like amount each to the satisfaction of the learned

                      Exclusive      Special      Judge,       Court      No.-II,   NDPS,   East

                      Champaran at Motihari in connection with N.D.P.S. Case

                      No.174 of 2025 arising out of Nakardei P.S. Case No.9 of

                      2025, subject to the conditions as laid down under Section

                      437(3) of the Code of Criminal Procedure (for short

                      ‘CrPC’)/under Section 480(3) of the Bhartiya Nagrik

                      Suraksha Sanhita (for short ‘BNSS’).



                                            (Chandra Shekhar Jha, J.)
Sanjeet/-

U       T


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