Dharmendra Kumar Sah @ Lallu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85246 of 2025 Arising Out of PS. Case No.-163 Year-2025 Thana- SAKRI District- Madhubani ====================================================== Dharmendra Kumar Sah @ Lallu Son of Sattu Sah R/O village - Habi Bhauwar, Police Station - Bahera, Dist.- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agrawal, Senior Advocate Mr. Bhavesh Kumar Sah, Advocate Mrs. Archana Anand, Advocate For the Opposite Party/s :
Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 23-04-2026 Heard learned Senior Counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Sakri P.S. Case No. 163 of 2025 registered for the offences punishable under Sections 08, 21(c), 22(c) of the NDPS Act.
3. As per the prosecution case, on a tip-off on a secret information that the petitioner, along with two associates, was engaged in the sale of narcotic substances, the informant, accompanied by police personnel, conducted a raid at a dilapidated house situated beside the sugar mill. It is alleged that upon reaching the spot, three individuals were found carrying sacks. One of them managed to escape, while Amit Kumar and
Patna High Court CR. MISC. No.85246 of 2025(6) dt.23-04-2026 2/3 Ravi Kumar Paswan were apprehended on the spot. Upon query, both apprehended persons disclosed that they were acting on the directions of the petitioner, who had fled from the scene on a scooty. Upon search, altogether 1050 bottles of cough syrup containing codeine were recovered from the two sacks.
4. Learned Senior Counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It has further been submitted that the petitioner was not arrested at the spot, and except the confessional statement of the co-accused made before the police while in custody, there is no other material against the petitioner. It has also been submitted that a supplementary affidavit has been filed in which the quantity of the seized cough syrup is stated to be 262.500 grams, which is much less than the commercial quantity. It has further been submitted that the procedure of search and seizure as prescribed under the NDPS Act has not been followed. Lastly, it has been submitted that the petitioner has one criminal antecedent as stated in the supplementary affidavit and is in custody since 14.09.2025.
5. Learned APP for the State has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid submissions of the
Patna High Court CR. MISC. No.85246 of 2025(6) dt.23-04-2026 3/3 parties and taking into account the facts and circumstance of the case, let the petitioner above-named, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhubani, in connection with Sakri P.S. Case No. 163 of 2025.
7. The application stands allowed.
(Praveen Kumar, J) Jyoti/- U T