Anjani Sah @ Anjani Kumar Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1120 of 2026 Arising Out of PS. Case No.-391 Year-2025 Thana- RAMGARHWA District- East Champaran ====================================================== Anjani Sah @ Anjani Kumar Prasad S/o Sonalal Sah R/o vill- Mahdavpur, PsKalyanpur, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar For the Opposite Party/s :
Mr.Jagdhar Prasad ====================================================== 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 Ramgarhwa P.S. Case No. 391 of 2025 registered for the offences punishable under Sections 8, 20(b)(ii)(C) of the NDPS Act.
3. As per the prosecution story, the informant has alleged that on 09.10.2025 at about 04:15 hours, while he was on duty, he received a confidential information that a person would be carrying ganja concealed in a white sack on foot towards Champapur via village Virata Balua within an hour. Thereafter, at about 05:20 hours, he reached along with other
Patna High Court CR. MISC. No.1120 of 2026(2) dt.15-01-2026 2/3 police officials to the Vangri River dam on the paved road from Champapur towards Balua, where, in the light of the police vehicle, a person was seen approaching with a sack on his head; he was signalled to stop, but on noticing the police, he attempted to flee and was apprehended after chase with the help of the police force. The sack carried by him was searched, and ganja-like narcotic substance packed in pink and white coloured packets was recovered, which on weighing on a digital scale was found to be 6.8 kilograms in total.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case due to village politics. No recovery has been made from the conscious possession of the petitioner, and the alleged ganja has been recovered exclusively from the possession of coaccused Lalan Prasad Yadav, with whom the petitioner has no connection whatsoever. It is further submitted that during the search conducted by the police, nothing incriminating was recovered from the house of the petitioner. The name of the petitioner was surfaced in the present case solely on the basis of the alleged confessional statement of the co-accused Lalan Prasad Yadav made before the police, which is inadmissible evidence and cannot form the basis of the petitioner's
Patna High Court CR. MISC. No.1120 of 2026(2) dt.15-01-2026 3/3 implication. Petitioner is in judicial custody since 09.10.2025 and as per para 3 of the bail petition, he has clean antecedent.
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 after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, East Champaran, Motihari in connection with Ramgarhwa P.S. Case No. 391 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