Dry Sahani @ Darai Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39488 of 2026 Arising Out of PS. Case No.-30 Year-2026 Thana- Haraiya District- East Champaran ====================================================== Dry Sahani @ Darai Sahani S/o Late Badri Sahani R/o Village - Along Ward no. 17, P.S. - Chandal Chowk, Dist. - Parsa, Nepal. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Zonal Director Narcotics Control Bureau, Patna, Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Roshan Kumar, Advocate.

For the UOI :

Dr. Krishna Nandan Singh, Sr. Advocate. (ASGI) Ms. Radhika Raman (CGC) Mr. Manoj Kumar Singh (CGC) Mr. Ankit Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 22-06-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail registered for the offence punishable under Sections 20(b)(ii)(c) and 23(c) of the NDPS Act.

3. The case of the prosecution, in short, is that from the possession of this petitioner, altogether 5.480 kg of ganja like contraband was 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 petitioner. The witnesses of the seizure list are police

Patna High Court CR. MISC. No.39488 of 2026(2) dt.22-06-2026 2/2 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 contraband is though more than small quantity but is much less than commercial quantity. Moreover, a statement has been made in para 3 of the petition that petitioner has no criminal antecedent and he is languishing in judicial custody since 19.02.2026.

5. The application for bail is opposed by learned APP for the State.

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. 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 Sessions Judge/Special Judge, Motihari, East Champaran in connection with Haraiya P.S. Case No. 30 of 2026 (N.D.P.S. G.R. Case No. 56 of 2026).

(Ashok Kumar Pandey, J) Sudhanshu/- U T