Patna High Court

Laxman Sah @ Laxman SahuversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail must be denied where the FIR discloses possession of a considerable quantity of narcotics and related paraphernalia, indicating a prima facie case under the NDPS Act.

Summary

Petitioner Laxman Sahu sought anticipatory bail fearing arrest in a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The FIR alleged that during a search of his residence, 2.52 kg of ganja, 80 chillums, 40 balls, an electric weighing machine and black polythene packets used for packing the ganja were seized. The charges were framed under Sections 8, 20 and 22 of the NDPS Act, relating to possession, manufacturing and transport of narcotic drugs. The petitioner argued that bail was warranted, while the State opposed the relief. The Court examined the nature and quantity of the contraband and the seriousness of the offences, concluding that the facts disclosed a strong prima facie case. Accordingly, the Court held that anticipatory bail could not be granted in view of the substantial narcotics and related equipment seized. The petition for anticipatory bail was therefore rejected.

Issues considered

Whether anticipatory bail can be granted when the FIR discloses possession of a substantial quantity of narcotics under the NDPS Act
Whether the facts disclosed justify denial of bail under Sections 8, 20 and 22 of the NDPS Act

Legislation cited

Narcotic Drugs and Psychotropic Substances Act — s. 20, 22, 8

Subjects

anticipatory bail
NDPS Act
possession of narcotics
Sections 8,20,22
bail denial
criminal procedure

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.89715 of 2025
                         Arising Out of PS. Case No.-102 Year-2025 Thana- RAHIKA District- Madhubani
                    ======================================================
                    Laxman Sah @ Laxman Sahu Son of Upendra Shah @ Upendra Sahu
                    Resident of Village- Kakraul, P.S.- Rahika, District- Madhubani
                                                                                   ... ... Petitioner/s
                                                        Versus
                    The State of Bihar
                                                                            ... ... Opposite Party/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s     :       Mr.Shailendra Kumar Jha
                    For the Opposite Party/s :       Mr.Shailendra Kumar Singh
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                          ORAL ORDER

2      15-01-2026                   Heard learned counsel for the petitioner and learned

                      A.P.P for the State.

                                   2. The petitioner apprehends his arrest in a case,

                      registered for offence punishable under Sections 8, 20, 22 of the

                      N.D.P.S. Act.

                                   3. As per F.I.R., during search, 2.52 kg of Ganja, 80

                      pieces of clay chillum, 40 balls, an electric weighing machine

                      and while & black polythene packets used for packing Ganja

                      were recovered from the house of this petitioner.

                                   4. Considering the same, the prayer for anticipatory

                      bail of petitioner is rejected.



                                             (Prabhat Kumar Singh, J)
anay

U        T

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