Patna High Court
Bijay Sah @ Bijay Kumar Sah @ Vijay Kumar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Bijay Sah, applied for regular bail under Sections 8 and 20(b)(ii)/(C) of the NDPS Act for an alleged offence of transporting ganja in the Dhamdaha police station case. The police had apprehended a co‑accused, Fakir Mandal, who named the petitioner as an associate; the petitioner was taken into custody on 24‑Nov‑2025. The petitioner’s counsel highlighted that he was not arrested at the spot, has a clean antecedent, and that other co‑accused have already been granted bail or anticipatory bail. The State opposed the bail on the seriousness of the drug offence. After considering the facts, the court ordered the petitioner’s release on bail with a bond of Rs 10,000 and two sureties, subject to his physical presence in court on all dates.
Issues considered
- Whether the petitioner is entitled to regular bail under the NDPS Act for offences under Sections 8 and 20(b)(ii)/(C).
- Whether the clean antecedent and the bail granted to co‑accused affect the bail decision.
Legislation cited
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii), 20(C), 8
Subjects
- NDPS Act
- regular bail
- drug trafficking
- Section 8
- Section 20
- clean antecedent
- co‑accused
- Purnea
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91072 of 2025
Arising Out of PS. Case No.-64 Year-2025 Thana- DHAMDAHA District- Purnia
======================================================
Bijay Sah @ Bijay Kumar Sah @ Vijay Kumar Sah S/o Sri Ram Sah Resident
of Village - Patraha Kusumrahi, P.S - Barhara Kothi, District - Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amit Kumar Anand
For the Opposite Party/s : Mr.Madan Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
2 09-01-2026 Heard the learned counsel for the parties.
2. This is an application for grant of regular bail
on behalf of the petitioner for the offences alleged under
Sections 8 and 20(b)(ii)/(C) of the NDPS Act, registered
in connection with Dhamdaha P.S.Case N. 64 of 2025.
3. As per allegation, the petitioner with another
co-accused was transporting ganja. On chase, the police
apprehended co-accused Fakiar Mandal, who disclosed
the name of the petitioner as his associate.
4. The learned counsel for the petitioner has
submitted that the petitioner was not arrested at the spot,
rather co-accused Fakir Mandal was arrested with 10 kg
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of ganja. Fakir Mandal has been granted bail by a
coordinate Bench of this Court in Cr.Misc. 32785 of
2025 under order dated 22.05.2025. Another co-accused
Chandan Mandal, whose name has figured in the
confessional statement of Fakir Mandal, has also been
granted anticipatory bail in Cr.Misc.No. 33953 of 2025
under order dated 20.06.2025. It is submitted further that
the case of the petitioner stands on better footing and he
is in custody since 24.11.2025. The learned senior
counsel has also submitted that the petitioner is a person
of clean antecedents.
5. On the other hand, the learned APP for the
State have opposed the prayer for bail.
6. Considering the above facts and
circumstances, let the petitioner above-named, be
released on bail on furnishing bail bond of Rs. 10,000/-
(ten thousand) with two sureties of the like amount each
to the satisfaction of learned special Judge (NDPS Act),
Purnea in connection with Dhamdaha P.S.Case No. 64 of
2025/Supplementary Special (NDPS Act) Case No. 139
of 2025, subject to the conditions that the petitioner shall
cooperate in disposal of the trial and shall remain
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present physically before the learned court below on
each and every date.
(Nawneet Kumar Pandey, J)
HR/-
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