Subhash Kumar Sah Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2025)

Subhash Kumar Sah Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: release on arrest/surrender within four weeks on a bail bond of Rs. 10,000 with two sureties of like amount each to the satisfaction of the learned Special Judge, N.D.P.S., Araria, in connection with Basmatiya P.S. Case No. 11 of 2025, subject to Section 438(2) Cr.P.C. conditions and additional conditions (family-member/relative bailor with official bona fide document; attendance on every trial date failing which bail bond cancellable after two consecutive absences; fortnightly police-station appearance for six months; no witness tampering; no fresh offences).

Issue for consideration

Whether anticipatory bail should be granted to the petitioner apprehending arrest in connection with Basmatiya P.S. Case No. 11 of 2025 for offences under sections 8(c), 21(c), 22 and 23 of the NDPS Act.

Court's answer

Anticipatory bail warranted: taking into account the submissions of the parties, the petitioner's lack of criminal antecedent and the recovery/seizure being below commercial quantity, the Court was inclined to extend him the privilege of anticipatory bail with conditions.

Ratio / Principle

Petitioner to be released on bail on arrest or surrender within four weeks from receipt of the order, furnishing a bail bond of Rs. 10,000 with two sureties of like amount each to the satisfaction of the learned Special Judge, N.D.P.S., Araria, subject to Section 438(2) Cr.P.C. conditions and the further Court-imposed conditions (family-member bailor with official proof of bona fides; appearance on every trial date; fortnightly police-station reporting for six months; no inducement/threat to witnesses or tampering with evidence; desistance from fresh offences).

Detailed headnote1 paragraphs

ANTICIPATORY BAIL — NDPS ACT — SECTIONS 8(c), 21(c), 22 AND 23 — Patna High Court granted anticipatory bail to the petitioner apprehending arrest in Basmatiya P.S. Case No. 11 of 2025, arising from interception at the Indo-Nepal border and seizure of 66 grams brown sugar-like substance, noting that the petitioner had no criminal antecedent and that the recovered/seized material was below commercial quantity (a point conceded even by the APP despite opposition). Petitioner to be released on arrest or surrender within four weeks on furnishing a bail bond of Rs. 10,000 with two sureties of like amount each to the satisfaction of the learned Special Judge, N.D.P.S., Araria, subject to Section 438(2) Cr.P.C. conditions and further conditions: one bailor to be a family member/relative providing an official document showing bona fide; appearance on every trial date (failure on two consecutive dates without plausible reason entailing cancellation by the Trial Court); fortnightly appearance at the concerned police station for six months; abstention from inducing, threatening or tampering with witnesses/evidence; and desistance from fresh offences.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30001 of 2025

Arising Out of PS. Case No.-11 Year-2025 Thana- Basmatia District- Araria

======================================================

Subhash Kumar Sah S/o Ram Chandra Sah R/o Village- Lokai, Ward No. 01, P.S.- Basmatiya, District- Sunsari (Nepal)

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Kanchan Jha, Advocate For the Opposite Party/s : Mr. Yogendra Kumar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

ORAL ORDER

4 06-08-2025 Heard the parties.

The petitioner is apprehending his arrest in connection with Basmatiya P.S. Case No. 11 of 2025 for the offence under sections 8(c), 21(c), 22 and 23 of the NDPS Act lodged on 07.02.2025 by the informant, Rathindra Madhi.

As per the prosecution story, the informant on secret information, intercepted the accused at the Indo-Nepal border and there is recovery/seizure of 66 grams brown sugar like substance. This led to the FIR.

Learned counsel for the petitioner submits that he has no criminal antecedent, is in custody since 08.02.2025, falsely implicated and in any case, the recovery/seizure is below the commercial quantity.

Learned APP though opposes prayer concede that it

Patna High Court CR. MISC. No.30001 of 2025(4) dt.06-08-2025 2/3

is below the commercial quantity.

Taking into account the submissions of the parties as also the fact that the petitioner has no criminal antecedent and the recovered/seized material is below the commercial quantity, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions.

Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/(Ten thousand) with two sureties of like amount each to the satisfaction of learned Special Judge N.D.P.S., Araria in connection with Basmatiya P.S. Case No. 11 of 2025 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his

Patna High Court CR. MISC. No.30001 of 2025(4) dt.06-08-2025 3/3

attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

(Rajiv Roy, J)

Adnan/-

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