Patna High Court
Anish SaurabhversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Anish Saurabh, applied for bail in a case where 86.38 kg of ganja was seized from a tractor and 6.29 kg from a car, the latter in which he was a passenger. He contended that he neither owned nor drove the vehicle, that no contraband was found on him, and that he has no prior criminal record. He also argued that the seizure did not comply with Section 105 of the BNSS and pointed to the bail granted to co‑accused Tunu Kumar and Shiv Kumar in similar cases. The State opposed the bail, citing the large quantity of narcotics involved and the offences under Sections 20(b)(ii)(c), 25 and 29 of the NDPS Act. After hearing both sides, the Court found the petitioner’s claim of innocence credible and, considering the circumstances, ordered his release on bail with a bond of Rs.10,000 and two sureties.
Issues considered
- Whether bail should be granted to the accused under the NDPS Act for alleged possession of a large quantity of narcotics.
- Whether the seizure complied with procedural requirements under Section 105 of the BNSS.
Legislation cited
- Bihar Narcotic Substances (Control) Act — s. 105
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(c), 25, 29
Subjects
- bail
- NDPS Act
- drug seizure
- passenger liability
- Section 105 BNSS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7924 of 2026
Arising Out of PS. Case No.-551 Year-2025 Thana- DEHRI TOWN District- Rohtas
======================================================
Anish Saurabh S/o Rama Kant Singh @ Ramakant Yadav Resident of Village
- Muradabad (Lanji), P.S. - Sasaram (Mufassil), District - Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prasoon Shekhar, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Dehri Town P.S. Case No. 551 of 2025 registered for the
offence punishable under Sections 20(b)(ii)(c), 25 and 29 of the
NDPS Act.
3. The case of the prosecution in short is that
altogether 86.38 kg of ganja was recovered from a tractor and
before that tractor a car was coming and from that car 6.29 kg
ganja was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.7924 of 2026(2) dt.18-02-2026
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case. He also submits that the petitioner is neither owner nor
driver rather he was a passenger in that car. Nothing has been
recovered from the possession of this petitioner. He also submits
that the alleged recovery of the contraband is though more than
small quantity but is much less than commercial quantity. He
further submits that the witnesses of the seizure list are police
personnel and the police has not complied with Section 105 of
the BNSS while making the seizure. He further submits that
similarly situated other co-accused persons namely, Tunu
Kumar and Shiv Kumar have already been granted bail by this
court vide Cr. Misc. Nos. 7665 of 2026 and 5002 of 2026,
respectively. Moreover, a statement has been made in para 3 of
the petition that petitioner has no criminal antecedent and he is
languishing in judicial custody since 17.12.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.7924 of 2026(2) dt.18-02-2026
3/3
Sessions Judge, Rohtas at Sasaram in connection with Dehri
(Town) P.S. Case No. 551 of 2020.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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