Patna High Court
Sanjay SahversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court dismissed the bail application, refusing to grant bail to the petitioner.
Summary
The petitioner, Sanjay Sah, applied for regular bail in a case registered under Sections 8(c) and 20(b)(II)(B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, where 16.688 kg of ganja was recovered from a house. The petitioner contended that he was falsely implicated, no narcotics were found in his possession, and he has a prior criminal case in which he is already on bail, having been in custody since 08-11-2025. The State, through the Additional Public Prosecutor, opposed bail, relying on the forensic science laboratory (FSL) report confirming the seized substance as ganja. After considering the submissions, the Court was not persuaded to grant bail and dismissed the bail application. The FSL report was taken on record.
Issues considered
- Whether bail should be granted to the petitioner under the NDPS Act for alleged possession of 16.688 kg of ganja.
- Whether the absence of narcotics in the petitioner's possession and his prior bail in another case warrant the grant of bail.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(II)(B), 8(c)
Subjects
- bail
- NDPS Act
- narcotics
- possession
- forensic report
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89222 of 2025
Arising Out of PS. Case No.-251 Year-2024 Thana- BARGAINIA District- Sitamarhi
======================================================
Sanjay Sah S/o Ram Biswash Sah @ Ram Vishwas Sah Resident of Village -
Pachtaki Yadu, P.S - Bairgania, District - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Madhubala Verma, Advocate
For the Opposite Party/s : Mr.Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 15-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Bairgania P.S. Case No. 251/2024 registered for the offences
punishable under Sections 8(c)/ 20(b)(II)(B) of N.D.P.S. Act.
3. As per the prosecution case, 16.688 kg of ganja was
recovered from a house.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. No
incriminating articles has been recovered from his possession.
Learned counsel further submits that he has one criminal
antecedents in which he is on bail and he is in custody since
08.11.2025. The petitioner undertakes to co-operate in the case/
trial.
Patna High Court CR. MISC. No.89222 of 2025(5) dt.15-04-2026
2/2
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner on the ground that from perusal
of the F.S.L. report it appears that the seized narcotics is ganja.
6. Considering the aforesaid facts, this Court is not
inclined to grant bail to the petitioner.
7. Accordingly, this application stands dismissed.
8. The F.S.L. report is taken on record.
(Sandeep Kumar, J)
tusharika/-
U T
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