Patna High CourtCR. MISC./53104/2025bail rejected

Banarashi Sah @ Banaras Prasad @ Banaras Sah @ Banarsi Sah v. The State Of Bihar

2025-08-12Mr. Justice Jitendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53104 of 2025 Arising Out of PS. Case No.-175 Year-2025 Thana- PIRO District- Bhojpur ====================================================== Banarashi Sah @ Banaras Prasad @ Banaras Sah @ Banarsi Sah, son of late Sudhawan Sah, village- Basawan Ray tola, Ps- Piro, Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhat Kumar Singh, Advocate.

For the State :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 12-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with NDSL Case No. 18 of 2025 arising out of Piro P.S. Case No. 175 of 2025 dated 11.6.2025 registered for the offences punishable under Sections 8(c), 20(B) and IIB of the NDPS Act, 1985.

3. As per allegation 8.6 kg. of Ganja has been recovered from the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the rules of search and seizure has not been followed by the Police, and hence, recovery is vitiated. He also submits that the petitioner is 74 years.

5. He further submits that the petitioner has been

Patna High Court CR. MISC. No.53104 of 2025(2) dt.12-08-2025 2/2 languishing in jail since 12.06.2025.

6. It has also been stated in paragraph No. 3 of the bail petition that the petitioner has no criminal antecedent.

7. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.

8. However, learned APP for the State vehemently opposes the prayer of the petitioner for bail submitting that the recovery of alleged Ganja is more than small quantity and hence, he does not deserve bail because the investigation is still going on.

9. Considering the quantity of contraband recovered from the house of the petitioner and the stage of investigation, I am not persuaded to enlarge the petitioner on bail at this stage.

10. Accordingly, the prayer for bail of the petitioner stands rejected.

(Jitendra Kumar, J) S.Ali/- U T