Premi Sah Kanu @ Tharu Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61717 of 2024 Arising Out of PS. Case No.-99 Year-2023 Thana- SIKTA District- West Champaran ====================================================== Premi Sah Kanu @ Tharu Sah son of Ramdhari Sah Resident of VillageJhalmaliya P.S- BudhGard Dist- Parsa Nepal ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar Shrivastava For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 10-09-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in a case instituted for the offence under Sections 8/20(b)(ii)(c) and 23(c) of the N.D.P.S. Act in connection with Sikta P.S. Case No. 99 of 2023.
3. The members of S.S.B. apprehended the petitioner when he was fleeing away after leaving his motorcycle and on search of the motorcycle, there has been recovery of 9.5 Kg of Charas like substance from its tanki.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that petitioner is not the owner of the seized motorcycle. The provision of Section 50 of the N.D.P.S. Act has not been followed in this case, while preparing
Patna High Court CR. MISC. No.61717 of 2024(2) dt.10-09-2024 2/2 the seizure list. Petitioner is a person of clean antecedent and he is in custody since 04.09.2023.
5. Learned APP for the State has opposed the application for bail and submitted that petitioner is named in the FIR and he was apprehended on spot. He submitted that alleged contraband substance like Charas was recovered from a motorcycle which was being driven by petitioner. He further submitted that the recovered Charas like substance is much more than commercial quantity as per N.D.P.S. Act. During investigation several witnesses have also supported the prosecution case.
6. Having heard the learned counsel for the parties as well as the recovery of contraband substance is much more than commercial quantity, this Court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected. (Nawneet Kumar Pandey, J) Arish/- U T