Manoj Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76562 of 2023 Arising Out of PS. Case No.-524 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== MANOJ KUMAR SAH SON OF YOGENDRA SAH RESIDENT OF VILLAGE - SIMROLGADH, P.S. - SIMROLGADH, DISTRICT - BARA (NEPAL) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ujjwal Kumar Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-03-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Motihari Muffasil (Lakhaura) P.S. Case no.524 of 2023 registered under sections 8 and 20(b)(ii)(c) of the NDPS Act.

3. As per the prosecution case, the informant states that on search 3.5 kgs of charas and 36.2 kgs of ganja was recovered from the two vehicles and two accused persons were taken into custody. From the third vehicle 8 kgs of charas was recovered and three accused persons including the two petitioners herein were taken into custody.

4. It is submitted by learned counsel for the petitioner that the petitioner has no concern either with the

Patna High Court CR. MISC. No.76562 of 2023(3) dt.07-03-2024 2/2 vehicle in question or the seized article. He was merely a passenger who had taken lift in the vehicle in question. He has no criminal antecedent and is in custody since 29.7.2023.

5. The application for bail is opposed by learned A.P.P. for the State who submits that the petitioner was arrested from the vehicle from which 8 kgs of charas was recovered. It is further submitted that as per FSL report, the seized article has been found to be charas.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R. according to which 8 kgs of charas was recovered from the vehicle in which the petitioner was present and was taken into custody on the spot, the same being a commercial quantity and the seized article also having been confirmed to be charas in the FSL report, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

7. Learned trial Court is directed to expedite the trial. (Partha Sarthy, J) Bibhash/- U T