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Patna High Court

Pankaj SahniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

Pankaj Sahni was arrested in connection with the alleged recovery of 6.4 litres of codeine‑containing cough syrup and charged under Sections 30(a) and (f) of the Bihar Prohibition and Excise Act and Section 20(b)(ii)(c) of the NDPS Act. The petitioner, already in custody since 14‑04‑2025 and with one prior criminal antecedent, claimed innocence, stating that no incriminating article was found in his possession and that there was no evidence of witness tampering. An earlier bail application had been rejected by a coordinate bench of the same court. The State opposed bail, but the court considered the lack of direct evidence, the absence of compliance with Sections 42 and 50 of the NDPS Act, and the length of custody, and decided to grant bail. The bail was ordered on a bond of Rs.15,000 with two sureties, subject to conditions regarding family surety, regular appearance in court, and prohibition of tampering with evidence or witnesses.

Issues considered

  • Whether bail should be granted to the petitioner despite charges under the Bihar Prohibition and Excise Act and the NDPS Act.
  • Whether the procedural requirements of Sections 42 and 50 of the NDPS Act have been complied with to justify denial of bail.
  • Whether the absence of any incriminating article in the petitioner's possession warrants bail.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • Bihar Prohibition and Excise Act
  • codeine
  • drug offence
  • criminal procedure
  • surety
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91477 of 2025
                    Arising Out of PS. Case No.-40 Year-2025 Thana- EXCISE GOGRI District- Khagaria
                 ======================================================
                 Pankaj Sahni S/o Ramdev Sahni @ Ramdeo Sahni Resident of - Dumrighat,
                 Ward No. 02, P.S. - Beldaur, District - Khagaria, Pin - 852161

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Prashant Kumar, Advocate
                 For the Opposite Party/s :       Mr. Choubey Jawahar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                  Heard Mr. Prashant Kumar, learned counsel for the

                   petitioner and Mr. Choubey Jawahar, learned APP for the State.

                                2. The petitioner seeks bail in connection with Gogri

                   Excise P.S. Case No. 40 of 2025 instituted for the offences

                   under Sections 30(a) and (f) of the Bihar Prohibition and Excise

                   Act.

                                3. Prosecution allegation, in short, is that total 6.4

                   litres of codeine containing cough syrup has been recovered in

                   this case.

                                4. Earlier, vide order dated 30.07.2025 passed in Cr.

                   Misc. No. 50539 of 2025, the prayer of the petitioner for grant

                   of bail was rejected by a coordinate Bench of this Court.

                                5. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.91477 of 2025(2) dt.19-01-2026
                                            2/3




          petitioner is innocent and has falsely been implicated in the

          present case. The petitioner is in custody since 14.04.2025 and

          has got one criminal antecedent. Learned counsel further

          submitted that police after investigation submitted charge-sheet

          under Sections 30(a) and (f) of the Bihar Prohibition and Excise

          Act, however, learned court below took cognizance under

          Sections 30(a) and (f) of the Bihar Prohibition and Excise Act

          and Section 20(b)(ii)(c) of the NDPS Act and subsequently,

          charge has been framed against the petitioner under Section

          20(b)(ii)(c) of the NDPS Act and Section 30(a) of the Bihar

          Prohibition and Excise Act. There is no allegation of tampering

          of witnesses alleged against the petitioner. No incriminating

          article has been recovered from the conscious possession of the

          petitioner. Learned counsel further submits petitioner has no

          concern with the alleged recovery. There is no compliance of

          Section 42 and 50 of the N.D.P.S. Act.

                      6. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                       7. Considering the aforesaid facts and circumstances

          of the case as also the period of custody undergone by the

          petitioner, this Court is inclined to grant bail to the petitioner.

                       8. Let the petitioner be released on bail on furnishing
           Patna High Court CR. MISC. No.91477 of 2025(2) dt.19-01-2026
                                                       3/3




                     bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Gogri Excise P.S.

                     Case No. 40 of 2025, subject to the following conditions:

                                  (I) One of the bailors shall be own/close member of

                     the family of the petitioner.

                                  (II) The petitioner shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.

                                  (III) If the petitioner tampers with the evidence or the

                     witnesses, in that case, the prosecution will be at liberty to move

                     for cancellation of bail.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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