Patna High Court
Arvind Sahani @ Arvind Kumar @ Arvind Kumar SahaniversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner with specified conditions.
Summary
Arvind Sahani was arrested for alleged possession of 200 grams of ganja and three live cartridges, charged under several provisions of the Bihar Narcotic Substances (BNSS) Act, 2023, the Arms Act and the NDPS Act. He applied for bail, claiming innocence, false implication, improper seizure under Section 105 of the BNSS Act, and that the quantity seized was below commercial threshold. The State opposed bail, citing his alleged involvement in nineteen prior cases. After hearing both sides, the Patna High Court granted bail, imposing conditions of cooperation with the trial, mandatory physical presence at each court date, weekly attendance at the police station, and a bail bond of Rs.10,000 with two sureties. The order reflects the court’s balancing of the petitioner’s right to liberty against the seriousness of the charges and his criminal antecedent.
Issues considered
- Whether bail should be granted in a case involving offences under the BNSS Act, Arms Act and NDPS Act despite serious charges and prior criminal antecedent.
- Whether the seizure of the alleged contraband complied with the procedural requirements of Section 105 of the BNSS Act.
- Whether the quantity of ganja seized, being less than commercial quantity, warrants bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 27, 35
- Bihar Narcotic Substances (BNSS) Act, 2023 — s. 105, 109, 132, 310(4), 310(5), 317(5)
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii), 8
Subjects
- bail
- NDPS Act
- Arms Act
- BNSS Act
- seizure procedure
- commercial quantity
- criminal antecedent
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9528 of 2026
Arising Out of PS. Case No.-24 Year-2025 Thana- ROSERA District- Samastipur
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Arvind Sahani @ Arvind Kumar @ Arvind Kumar Sahani S/o Tarun Sahani
R/o vill - ward no 12, Haripur ghat, P.S. - Khanpur, Distt.- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pritish Kumar Lal, Advocate
For the Opposite Party/s : Mr. Md. Matloob Rab, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 07-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection with
N.D.P.S. Case No. 04 of 2025 arising out of Rosera P.S. Case No.
24 of 2025 registered for the offence punishable under Sections
310(4), 310(5), 317(5), 109 and 132 of the B.N.S., 2023 and
Sections 25(1-B)(a), 26, 27 and 35 of the Arms Act and Sections 8,
20(b) (ii) of the N.D.P.S. Act.
3. The case of the prosecution, in short, is that from the
possession of this petitioner, 200 grams of Ganja and three live
cartridges were recovered.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
offence. He has been falsely implicated in this case. He also
submits that nothing has been recovered from the possession of the
Patna High Court CR. MISC. No.9528 of 2026(3) dt.07-04-2026
2/2
petitioner. The witnesses of the seizure list are police personnel
and the police has not complied with Section 105 of the BNSS
while making the seizure. He further submits that the alleged
recovery of ganja is less than commercial quantity. Moreover, the
petitioner is languishing in judicial custody since 21.01.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of nineteen cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail with the condition that
the petitioner shall cooperate in the trial and shall remain
physically present on each and every date fixed by the learned
trial court and shall mark his weekly attendance at Rosera P.S.
The above named petitioner is directed to be enlarged on bail on
furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with
two sureties of the like amount each to the satisfaction of the
learned District & Additional Sessions Judge, 1 st Class, Samastipur
in connection with N.D.P.S. Case No. 04 of 2025 arising out of
Rosera P.S. Case No. 24 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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