Jawahar Sah v. The Union Of India Through Narcotics Control Bueau, Ministry Of Home Affairs, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66883 of 2025 Arising Out of PS. Case No.-5 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Begusarai ====================================================== Jawahar Sah son of Late Shankar Sah Village- Mathurapur Ward No 1 PS -Warisnagar (Barish Nagar), Mathurapur Op, District -Samastipur ... ... Petitioner/s
Versus
The Union of India through Narcotics Control Bueau, Ministry of Home Affairs, Patna The Union of India through Narcotics Control Bueau, Ministry of Home Affairs, Department of Internal Security, Karpoori thakur Sadar, Ashiana Digha Road, Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :
Mr. Awadhesh Kumar Pandey, Sr. CGC Mr. R.K. Sharma, CGC Mr. Lokesh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 28-11-2025 Heard learned counsel for the petitioner and learned counsel for the Union of India.
2. The petitioner seeks regular bail in connection with N.C.B./PZU/V/05/2022 (Govt. Official Complaint Case) in Special Case No. 06 of 2022, dated 27.07.2022, under Sections 8(c), 20 (b) (ii) (c), 25 and 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985, pending before the Court of District and Additional Sessions Judge-cum-Special Judge, NDPS Act, Begusarai.
3. Learned counsel for the petitioner submits that the bail application of the petitioner was earlier rejected vide order dated 23.12.2022 passed in Cr. Misc. No. 43072 of 2022.
4. Counsel further submits that approximately 51⁄2
Patna High Court CR. MISC. No.66883 of 2025(3) dt.28-11-2025 2/2 quintals of ganja were recovered from the truck. Counsel further submits that the petitioner is neither the driver nor the khalasi, nor the owner of the truck, but was merely sitting on the truck. Counsel also submits that the other co-accused have already been granted bail by a co-ordinate Bench of this Court, which is annexed as Annexure-3. Counsel further submits that a report regarding the present stage of the trial was called for.
5. Learned counsel for the Union of India opposes the prayer for bail and submits that, from the report regarding the present stage of the trial, it transpires that there are a total of five witnesses and all of them have already been examined and cross-examined. It further transpires that a petition has been allowed to examine witnesses outside the original witness list, and at least three months would be required for the conclusion of the trial.
6. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to grant bail to the petitioner. Therefore, the bail application of the petitioner is hereby rejected.
(Dr. Anshuman, J.) Aman Kumar/- U T