Palinda Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43135 of 2026 Arising Out of PS. Case No.-114 Year-2026 Thana- CHOUTARWA District- West Champaran ====================================================== Palinda Sah S/O Late Shankar Sah Resident of village- Bariarwa Mudila, P.SChautarwa, Dist- West Bengal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharad Kumar Verma, Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 06-07-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 20(b) (ii) (B), 23(b) and 27-A of the N.D.P.S. Act.

3. The case of the prosecution is that altogether 1.853 kg of ganja and 24 paper chilams were recovered from the possession of this petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Nothing has been recovered from his possession. Learned counsel for the petitioner has submitted that while making seizure, Section 105 of B.N.S.S.

Patna High Court CR. MISC. No.43135 of 2026(2) dt.06-07-2026 2/2 has not been complied and the seizure list witnesses are police personnel. It has also been submitted that though the quantum of the contraband which has been recovered from the possession of this petitioner is more than small quantity but is much less than commercial quantity. Petitioner is having no criminal antecedent. Moreover, he is languishing in judicial custody since 28.03.2026.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Chautarwa P.S. Case No. 114 of 2026 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge under NDPS Act, West Champaran at Bettiah.

(Ashok Kumar Pandey, J) Shubham/- U T