Patna High Court
Deepak Sah @ Deepak Kumar @ Deepak Kumar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bhartiya Nagrik Suraksha Sanhita — s. 480(3)
- Code of Criminal Procedure — s. 437(3)
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 29, 8(c)
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
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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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