Bittu Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30841 of 2025 Arising Out of PS. Case No.-1 Year-2022 Thana- Excise P.S. District- Nawada ====================================================== Bittu Das Son of Hardhan Das Resident of Saguna Kuliya Road, P.S.- Kalyani, District- Nadia (West Bengal), ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Man Mohan Kumar, Advocate For the Opposite Party/s :

Mr.Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 06-08-2025 Heard the parties.

2. The petitioner is in judicial custody in connection with NDPS Case No. 11 of 2022 arising out of Excise P.S. Case No. 01 of 2022 for the offence punishable under Sections 8/20(ii), (b) & (c) of the NDPS Act lodged on 01.04.2022 by the informant, Nagesh Kumar.

3. As per the prosecution story, the informant alleged that a bus with the name of Bengal Tiger was intercepted and 30 kgs.

Ganja recovered, according to which, passengers/driver/cleaner belonged to the persons seated on seat nos. 15 and 16 namely Bittu Das and Muthu Bera. They accepted that the Ganja has been brought from Udisa to Bihar.It was seized and FIR was lodged.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.30841 of 2025(3) dt.06-08-2025 2/2 recovery is from the bus and not from his conscious possession but got implicated.

5. Learned APP on the other hand submits that a report of the Trial Court is on record dated 28.05.2025, according to which three out of four witnesses have already been examined till 28.05.2025.

6. Considering the quantity of recovery/seizure coupled with the fact that the trial is at an advanced stage,it would be appropriate that the petitioner faces trial, the bail application stands rejected.

(Rajiv Roy, J) Ravi/- U T