Patna High Court
Vikash Kumar SahaniversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The court allowed bail to the petitioner, subject to bond and conditions, finding no sufficient ground to deny bail.
Summary
Vikash Kumar Sahani was arrested in connection with an NDNDPS case where 97.24 grams of a narcotic substance were seized from two co‑accused. The petitioner contended that no narcotic was recovered from his possession, he was not apprehended at the spot, and he has no criminal antecedents, arguing that the quantity involved is below the commercial threshold. The State opposed bail, asserting that the petitioner is associated with the co‑accused and therefore implicated. The court considered the petitioner’s clean record, the lack of direct evidence linking him to the seized narcotics, and the relatively small quantity involved. It granted bail on a bond of Rs. 25,000 with two sureties, subject to conditions regarding trial attendance, non‑tampering with evidence, and future offences.
Issues considered
- Whether bail should be granted to an accused under the NDPS Act when the seized quantity is below commercial quantity and there is no direct evidence linking the accused to the narcotics.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 18, 21(C), 22(C), 29, 8
Subjects
- bail
- NDPS Act
- narcotics
- quantity threshold
- clean antecedent
- co‑accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89340 of 2025
Arising Out of PS. Case No.-395 Year-2025 Thana- RAMGARHWA District- East
Champaran
======================================================
Vikash Kumar Sahani Son of Late Shivji Sahani Resident of village -
Ramgarwha Malahi Tola, P.S.- Ramgarhwa, District - East Champaran.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar
For the Opposite Party/s : Mr.Tarun Prasad Mandal
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 13-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with
Ramgarhwa P.S. Case No. 395 of 2025, N.D.P.S. G.R. Case No.
144 of 2025 registered for the offences punishable under
Sections 8, 18, 21(C), 22(C), 29 of N.D.P.S. Act.
3. As per prosecution case, two persons were
apprehended by the police and upon search, total 95.64 gram
smack like substance and mobile were recovered from
possession of apprehended co-accused Janta Kumar @ Jayant
Kumar. It is further alleged that 1.6 gram smack like substance
and mobile were recovered from possession of apprehended co-
accused Ranjan Kumar and aforesaid apprehended co-accused
Patna High Court CR. MISC. No.89340 of 2025(2) dt.13-01-2026
2/4
persons disclosed the name of petitioner who fled away from the
spot.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has not committed any offence
as alleged in the FIR and he has falsely been implicated in this
case. He further submits that petitioner was not apprehended on
the spot. No incriminating article was recovered from
possession of the petitioner. Except disclosure of apprehended
co-accused persons, there is nothing on record to connect the
present petitioner with the alleged occurrence. It has been orally
submitted that petitioner has inimical term with the apprehended
co-accused persons so he has been falsely implicated in the
present case. Learned counsel orally submits that petitioner is
neither remotely nor directly connected with the co-accused
persons and petitioner has no concern with the alleged recovery.
Petitioner is in custody since 13.10.2025 and bears no criminal
antecedent. He further submits that as per NDPS notification,
alleged recovery is much less than commercial quantity.
5. The learned A.P.P. for the State vehemently opposes
the prayer for bail of the petitioner and submits that there is
alleged recovery of altogether 97.24 gram smack like substance
from possession of apprehended co-accused persons and
Patna High Court CR. MISC. No.89340 of 2025(2) dt.13-01-2026
3/4
petitioner seems to be associate of co-accused persons and
hence, he cannot escape from the allegation made in the FIR.
6. Considering the facts and circumstances of the
case, period of custody, keeping in view clean antecedent of
petitioner, argument advanced on behalf of both sides and also
taking into consideration the material available on record, let the
petitioner above named be released on bail on furnishing bail
bond of Rs. 25,000/- (rupees twenty five thousand) with two
sureties of the like amount each to the satisfaction of learned
Sessions Judge/ Special Judge, East Champaran, Motihari in
connection with Ramgarhwa P.S. Case No. 395 of 2025,
N.D.P.S. G.R. Case No. 144 of 2025, subject to following
conditions:-
(i) One of the bailors shall be either father or
mother or sister or brother or wife or the person who has sworn
the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will
remain present on all dates and absence for two consecutive
dates without appropriate permission, would be a ground for
cancellation of bail by the learned Trial court itself.
(iii) If the petitioner tampers with the evidence or
the witnesses, in that case, the prosecution will be at liberty to
Patna High Court CR. MISC. No.89340 of 2025(2) dt.13-01-2026
4/4
move for cancellation of bail.
(iv) If the petitioner is found involved in similar
nature of offences in future, the learned trial court shall be at
liberty to cancel his bail bond.
(Alok Kumar Pandey, J)
shahzad/-
U T
Checking your session…