Patna High Court
Arfin SahversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The bail application was denied.
Summary
The petitioners, Arfin Sah and Bhagwan Paswan, were arrested in connection with a case under the NDNDPS Act where 22.232 kg of ganja was seized from them. They filed a regular bail application, claiming innocence and alleging that the search and seizure procedures were not properly followed. The State opposed the bail, presenting prima facie evidence from multiple witness statements and noting that the quantity seized exceeds the commercial threshold. The court examined the allegations and the evidence, emphasizing the seriousness of the offence and the large quantity involved. Concluding that the petitioners did not merit the privilege of bail, the court rejected the bail application.
Issues considered
- Whether bail should be granted in an NDPS case involving a quantity of narcotics exceeding the commercial limit
- Whether alleged procedural lapses in the search and seizure justify granting bail
- Whether the presence of prima facie evidence is sufficient to deny bail
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(c), 23(c), 8
Subjects
- bail
- NDPS Act
- narcotics
- procedural lapse
- prima facie evidence
- commercial quantity
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69560 of 2025
Arising Out of PS. Case No.-43 Year-2025 Thana- MATIYARIA District- West Champaran
======================================================
1. Arfin Sah Son of Majis Sah Resident of Village - Meghaul Mathiya @
Meghwal Mathia, P.S. - Ramnagar, District - West Champaran at Bettiah.
2. Bhagwan Paswan@Bhagan Paswan Son of Late Keyal Paswan@Late Kayal
Paswan Resident of Village - Meghaul Mathiya, P.S. - Ramnagar, District -
West Champaran at Bettiah.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md.Abu Shajar
For the Opposite Party/s : Mr.Pushpa Sinha.1
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
5 05-02-2026 Heard learned counsel for the petitioner as well
as learned APP for the State.
2. In this case, the petitioners are seeking regular
bail in connection with Matiyariya P.S. Case No. 43 of 2025,
registered for the offences punishable under Sections 8/20(b)(ii)
(c)/23(c) of NDPS Act.
3. As per allegation, total 22.232 kg of ganja was
recovered from the possession of the petitioners.
4. The learned counsel for the petitioners has
submitted that the petitioners are innocent and have falsely been
implicated. They are under custody since 15.04.2025. The
procedure of search and seizure was not complied with.
Patna High Court CR. MISC. No.69560 of 2025(5) dt.05-02-2026
2/2
5. On the other hand, the learned APP for the State
has opposed the prayer for bail and submitted that there is prima
facie evidence against the petitioners in the statements of the
witnesses in paragraph nos. 4, 16, 17, 18, 19, 34, 35 and 36 of
the case diary. The recovered contraband is greater than the
commercial quantity.
6. Considering the above-mentioned facts and
circumstances, in my view, the petitioner doesn’t deserve the
privileges for bail. Accordingly, it is rejected.
(Nawneet Kumar Pandey, J)
kundan/-
U T
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