Narendra Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1190 of 2026 Arising Out of PS. Case No.-65 Year-2025 Thana- INARWA District- West Champaran ====================================================== Narendra Kumar Sah Son of Tejlal Sah @ Tejlal Resident of VillageKhamhiya, P.S.- Inarwa, District- West Champaran, Bettiah ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhananjay Kumar For the Opposite Party/s :
Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 15-01-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Inarwa P.S. Case No. 35 of 2025 registered for the offences punishable under Sections 20(b)(ii)(C), 23(C), 25 and 29 of NDPS Act.
3. As per the prosecution story, the informant has alleged that a secret information was received that Narendra Kumar Sah (petitioner), was bringing narcotic substances (ganja) from Nepal in a white coloured Bolero vehicle bearing Registration No. BR-09H-0761. At around 14:15 hours, a white coloured Bolero vehicle was seen approaching at a high speed from the Nepal side. On suspicion, the vehicle was signaled to stop. Upon seeing the police force, the driver of the vehicle jumped out and fled towards the Nepal border. Despite attempts by the police force, he managed to escape due to the proximity of the
Patna High Court CR. MISC. No.1190 of 2026(2) dt.15-01-2026 2/3 international border. However, one person seated on the front seat of the vehicle was apprehended with the help of the accompanying armed forces. During search, two black plastic bags and two white plastic bags containing narcotic substances were recovered from the basement, under the front seat, middle seat, and rear seat of the vehicle. The total weight of the seized narcotic substance was 57.880 kg.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. The petitioner is not named in the F.I.R.; rather, his name has surfaced solely on the basis of the alleged confessional statement of the co-accused, namely Dharamraj Kumar, made before the police, who claimed that the petitioner was the driver of the alleged vehicle and had fled from the spot. It is further submitted that the petitioner is neither the owner nor the driver of the alleged vehicle, and he has been arraigned as an accused int his case merely on the basis of suspicion and on the confessional statement of the co-accused, which has no evidentiary value in the eye of law in view of Section 25 of the Indian Evidence Act. Learned counsel contends that the petitioner has no connection with the alleged occurrence and was not even present at the place of occurrence at the relevant time. Learned counsel further submits that the petitioner has been in judicial custody since 12.09.2025,
Patna High Court CR. MISC. No.1190 of 2026(2) dt.15-01-2026 3/3 and charge has already been framed on 03.12.2025. In view of the completion of investigation, absence of direct evidence, and prolonged incarceration, further detention of the petitioner serves no useful purpose.
5. Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.
6. Keeping in view the aforesaid facts and considering the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge (NDPS), West Champaran at Bettiah in connection with Inarwa P.S. Case No. 35 of 2025 subject to the following conditions :- (i). Petitioner will remain physically present in trial on each and every date till the disposal of the case failing which, on two consecutive dates without reasonable cause, the bail bond of the petitioner may be cancelled by the Trial Court. (ii). One of the bailor shall be his family member. (S. B. Pd. Singh, J) Ankit Kumar/- U T