Sambhu Prasad @ Shambhu Prasad @ Sambhu Prasad Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63788 of 2025 Arising Out of PS. Case No.-120 Year-2024 Thana- GHORASAHAN District- East Champaran ====================================================== Sambhu Prasad @ Shambhu Prasad @ Sambhu Prasad Chaudhary S/o Late Satyanarayan Prasad R/o - Ghorasahan, P.S - Ghorasahan, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Mr. Roop Kishan For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Ghorasahan P.S. Case No. 120 of 2024 registered for the offence under Sections 8, 17(b), 18(b) of the NDPS Act.

3. As per the prosecution case, the recovery is of 1.9 kg of Afim from the motorcycle of the petitioner.

4. It has been submitted by the learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in this case. He further submits that the petitioner has transferred the motorcycle to one Satyendra and has executed all the documents but could not get the name changed in the registration certificated and because of the same, he is harassed by the police.

5. In view of the aforesaid submission, this

Patna High Court CR. MISC. No.63788 of 2025(4) dt.24-02-2026 2/2 application is disposed of with liberty to the petitioner to approach the Superintendent of Police, East Champaran with a representation annexing the documents of transfer and thereafter, the Superintendent of Police, East Champaran will direct the I.O. to carry further investigation with regard to the fact that whether the steps for transferring the ownership of the motorcycle has been taken by the petitioner or not. If it is found that the petitioner has taken all the necessary steps to transfer the ownership of the motorcycle then the police will exonerate the petitioner and in case the transfer is found to be false then the petitioner may be charge-sheeted by the police.

6. The aforesaid exercise must be done within two months from today and for the next two months the petitioner shall not be arrested in connection with Ghorasahan P.S. Case No. 120 of 2024.

7. Let a copy of this order be communicated to the Superintendent of Police, East Champaran through FAX for its compliance.

(Sandeep Kumar, J) Vikas/- U