Prabhu Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16312 of 2025 Arising Out of PS. Case No.-5 Year-2025 Thana- BHANGHA District- West Champaran ====================================================== Prabhu Patel S/o- Brahmdeo Patel Village- Parsawa W.No-4, Po- Pokhariya Ps- Sherwa Dist- Parsa, Nepal ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sachida Nand Rai, Adv.
For the Opposite Party/s :
Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-06-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with Bhangaha P.S. case No. 05 of 2025 instituted for the offences under Sections 20(b) (ii), (c), 23(c) and 29 of the N.D.P.S. Act.
3. As per prosecution case, the police has recovered total 28.5 Kg. of Ganja out of which, 16 Kg. of Ganja was recovered from the possession of the petitioner.
4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Petitioner is in custody since 15.01.2025 and has no criminal antecedent. There is no allegation of tampering of witnesses
Patna High Court CR. MISC. No.16312 of 2025(4) dt.25-06-2025 2/2 alleged against the petitioner. No incriminating material has been recovered from the conscious possession of the petitioner. There is no compliance of Section 42 and 50 of the N.D.P.S. Act. There is also non-compliance of Section 103 of the B.N.S.S.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned APP submits that the recovered contraband is above the commercial quantity, hence, there is bar under Section 37 of the N.D.P.S. Act.
6. Considering the aforesaid facts and circumstances of the case, recovery of contraband beyond commercial quantity coupled with embargo under Section 37 of the N.D.P.S. Act as also the petitioner being a party to the criminal conspiracy, this Court is not inclined to grant bail to the petitioner.
7. The prayer is rejected with a direction to the learned court below to the expedite the trial and conclude the same expeditiously.
(Rudra Prakash Mishra, J) rishi/- U T