Patna High Court
Sanjay KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, subject to conditions, finding insufficient evidence to deny bail under Section 37 of the NDPS Act.
Summary
The petitioner, Sanjay Kumar, sought bail in an NDPS case alleging his involvement in a heroin smuggling operation on the Awadh Assam Express. The prosecution alleged that the petitioner facilitated the transaction by purchasing a SIM card and receiving money, supported by call data records and financial transactions, and argued that the offence involved a commercial quantity of heroin, invoking Section 37 of the NDPS Act. The petitioner contended that he was falsely implicated, had no criminal record, and that his name only appeared in a co‑accused’s confession, citing the bail granted to a similarly situated co‑accused. The court examined whether the alleged electronic and financial links sufficed to deny bail in a commercial‑quantity NDPS case. Finding that the evidence did not conclusively tie the petitioner to the recovered heroin and considering the precedent of bail to the co‑accused, the court granted bail with conditions of personal appearance and a surety of Rs.10,000. The bail order was directed to be filed with the Special Judge of the Exclusive Special Court (NDPS), Muzaffarpur.
Issues considered
- Whether bail can be granted in an NDPS case involving a commercial quantity of heroin under Section 37 of the NDPS Act.
- Whether the petitioner’s alleged financial transactions and SIM purchase constitute sufficient grounds to deny bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(C), 29, 37, 8(C)
Subjects
- bail
- NDPS Act
- commercial quantity
- heroin
- electronic evidence
- call data records
- financial transactions
- Special Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87340 of 2025
Arising Out of PS. Case No.-3 Year-2025 Thana- N.C.B (GOVERNMENT OFFICIAL)
District- Muzaffarpur
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Sanjay Kumar S/o Late Ram Ekbal Seth Resident of Village - Dinara, Ward
No. 8, Diliya Mohalla, P.S - Dinara, District - Rohtas
... ... Petitioner/s
Versus
1. The State of Bihar
2. Narcotic Central Bureau, Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajiv Kumar, Advocate
Mr. Rajiv Kumar, Advocate
For the State : Mr. Sanjay Kumar Pandey, APP
For the U.O.I./N.C.B. : Mr. Arvind Kumar, C.G.C.
Dr. K.N. Singh, A.S.G.
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
CAV ORDER
5 02-04-2026 Heard learned counsel for the petitioner, learned APP
for the State and the learned counsel for the N.C.B.
2. The petitioner has prayed for bail in connection
with N.D.P.S. Case No. 137 of 2025, CNR No. BRMZ01-
013855-2025, N.C.B. Case No. 03 of 2025. registered for the
offence punishable under Sections 8(C), 21(C), 29 of the
N.D.P.S. Act.
3. The case of the prosecution, in short, is that the
Narcotic Central Bureau, Patna has received information that
Ajay Sahani was carrying a large quantity of heroin in the
general coach adjacent to the engine of Awadh Assam Express
Patna High Court CR. MISC. No.87340 of 2025(5) dt.02-04-2026
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Train No. 15909 from Dimapur to Muzaffarpur. As the train
arrived at Muzaffarpur railway station, Akshay Sahni was
intercepted. He admitted that he is carrying 500 grams of heroin.
A search of his bag was made, and from his bag, two packets of
260 grams each of brownish powder, which tested positive for
heroin were recovered. It is further alleged that Akshay received
a call from one Nitish Sahani, who was waiting at Jaiswal Meat
Shop, Motihari and on this information, Nitish Sahani was
apprehended.
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
case. He also submits that the name of this petitioner has
surfaced during the confessional statement of one co-accused
namely, Akshay Sahni. The petitioner was not arrested from
spot. He was having a shop in Imphal. He further submits that
similarly situated co-accused namely, Nitish Sahani has been
granted bail by this court vide Cr. Misc. No. 85094 of 2025. The
case of this petitioner stands on similar footing. 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 09.09.2025.
Patna High Court CR. MISC. No.87340 of 2025(5) dt.02-04-2026
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5. As against this, the learned counsel for the N.C.B.
has vehemently opposed the prayer for bail of the petitioner and
has stated that there are evidences to show that the petitioner
had received money from Akshay and it has been submitted that
the petitioner has actually purchased the SIM and has handed it
over to the carriers. He further submits that the offence involves
commercial quantity of heroin and attracts the rigors of Section
37 of the NDPS Act and that the petitioner’s involvement is
supported by electronic evidence, including CDRs and financial
transactions.
6. Countering this, the learned counsel for the
petitioner has submitted that if, for a moment, it is considered
that the petitioner was on talking terms with Akshay and that
there were financial transactions between them, then also it does
not connect the petitioner with the offence of the NDPS Act, as
no recovery has been made from him.
7. 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 with the condition
that the petitioner shall cooperate in the trial and shall
remain physically present on each and every date fixed by
the learned trial court. The above named petitioner is directed
Patna High Court CR. MISC. No.87340 of 2025(5) dt.02-04-2026
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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 Special Judge, Exclusive
Special Court (NDPS), Muzaffarpur in connection with N.D.P.S.
Case No. 137 of 2025, CNR No. BRMZ01-013855-2025,
N.C.B. Case No. 03 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
AFR/NAFR NAFR
CAV DATE 23.03.2026
Uploading Date 02.04.2026
Transmission Date 02.04.2026
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