Prem Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52163 of 2025 Arising Out of PS. Case No.-117 Year-2025 Thana- BIRPUR District- Supaul ====================================================== Prem Kumar Sah S/o Rajendra Sah R/o Hanuman Chowk, Ward no 4, PSInarwa, Dist- Sunsari, Country Nepal ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Goutam, Advocate For the Opposite Party/s :
Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 15-10-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Birpur P.S Case No. 117 of 2025 from the Court of learned District and Additional Sessions Judge-IV, Supaul registered for the offences punishable under Sections 8/20 (b) (ii) (B)/29 of the NDPS Act.
3. As per allegation in the FIR, total 8 Kg ganja recovered from the possession of the petitioner.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is submitted that commercial quantity is about 20 Kg and
Patna High Court CR. MISC. No.52163 of 2025(3) dt.15-10-2025 2/2 small quantity is about 1000 Gram. It is next submitted that petitioner is the resident of Nepal. It is also submitted that petitioner is in judicial custody since 09.04.2025 and petitioner has got no criminal antecedent as stated in para 3 of the bail petition.
5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.
6. On perusal of the FIR, case diary and impugned order it appears that, total 8Kg Ganja is recovered from the conscious possession of the petitioner in the presence of Gazetted Officer.
7. Considering the aforesaid facts and circumstances of the case this Court is not inclined to grant bail to the petitioner. Hence, prayer for regular bail of the petitioner is hereby rejected. However, Trial Court is directed to concluded the proceedings of trial expeditiously. (Ramesh Chand Malviya, J) Mayank/- U T