Patna High Court
Pankaj SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(c), 42, 50
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
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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
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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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