Pannalal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26509 of 2025 Arising Out of PS. Case No.-109 Year-2024 Thana- BHANGHA District- West Champaran ====================================================== 1.

Pannalal Sah S/o Late Raj Dev Sah R/o vill - Jhumka, P.S.- Inarwa, at present R/o vill - Binda Chowk, P.S.- Bhangaha, Distt.- West Champaran 2.

Bhikhar Manjhi S/o Laxman Manjhi R/o vill - Pipra, P.S.- Bhangaha, Distt.- West Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar, Adv.

For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 05-05-2025 Heard learned counsel for the petitioner as well as the counsel appearing for the respondent-State.

2. It is the first regular bail application submitted by the petitioners who have been arrested in connection with Bhangaha P.S. Case no. 109 of 2024 for the alleged offences punishable under sections 20(b)(II)(B), 23(b), 25, 29, NDPS Act.

3. According to the case of prosecution, on 26.12.2024 at about 06:30 P.M., it is alleged that during patrolling police officials caught hold of both the petitioners who were going towards Nepal on a motorcycle. On being searched total 6.339 Kg of contraband i.e. Ganja has been recovered from them and subsequently, both were arrested.

4. It is submitted by the counsel for the petitioners that the

Patna High Court CR. MISC. No.26509 of 2025(2) dt.05-05-2025 2/2 petitioners herein are innocent and are falsely implicated in this case. He further submits that the quantity of the seized contraband is below than the commercial quantity they are in custody since 27.12.2024. Though, there are some previous antecedents of the petitioner no. 1 but, they are all of the year of 2023 and prior to that and only one previous antecedent is like similar nature of the case. Considering the quantity of the seized contraband and further considering the detention period, it is prayed by the counsel that they may be granted benefit of bail.

5. Learned counsel appearing on behalf of respondentState submits that looking to the previous antecedents of the applicant their application may be rejected.

6. Considering the submission put forth by the counsels and further considering the detention period as well as the quantity of the seized contraband. I am of the view that the present applicants should be granted the benefit of bail. Accordingly, the petition is allowed. The petitioners are directed to be released on bail in connection with Bhangaha P.S. Case no. 109 of 2024 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties, respectively to the like amount each to the satisfaction of the learned Exclusive Special Judge, N.D.P.S., West Champaran at Bettiah. (Arvind Singh Chandel , J) Siddharth Soni/- U T