Sachin Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50303 of 2022 Arising Out of PS. Case No.-208 Year-2022 Thana- HARLAKHI District- Madhubani ====================================================== Sachin Kumar Sah S/O Sita Sharan Sah Resident Of Village- Bhera Bela Bairiya, P.S.- Phulgama, District- Dhansna (Nepal). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash Mr. Gagan Deo Yadav Mr. Rajesh Kumar For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 20/22 of N.D.P.S. Act. The prosecution case in nutshell is that informant, being the police official, saw the petitioner coming from Nepal to India on a motorcycle. He was intercepted and on search 22.400 kg of Ganza like narcotics substance was recovered from bags.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. It is also submitted that without examining the recovered artice by FSL,

Patna High Court CR. MISC. No.50303 of 2022(4) dt.04-02-2023 2/2 informant alleged that the said recovered article is Ganza. Moreover, petitioner is in judicial custody since 08.07.2022. Learned APP appearing on behalf of the State vehemently opposed the prayer of the petitioner and submitted that during investigation witnesses have supported the prosecution version of the case and from the perusal of the report of the Trial Court, it appears that this case is fixed for prosecution evidence and cognizance has been taken. It is also submitted that the recovered contraband substance "Ganza" is huge in quantity and it comes within the perview of commercial quantity, as per N.D.P.S. Act.

Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

Learned trial court is directed to expedite the trial and conclude the same as early as possible.

(Sunil Kumar Panwar, J) nirajkrs/- U T