Birbal Sao @ Balbir Sah @ Birbal Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80883 of 2025 Arising Out of PS. Case No.-132 Year-2013 Thana- SHASTRINAGAR District- Patna ====================================================== Birbal Sao @ Balbir Sah @ Birbal Prasad Son of Late Vasavan Sao @ Basawan Sah Resident of village Anandpur / Anandpur Cant, P.S. Bihta, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Adv For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 03-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 20 and 22 of the N.D.P.S. Act.

3. The case of the prosecution, in short, is that, total 2.5 kg of ganja was recovered from the possession of the coaccused Vishnu Kumar.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that nothing has been recovered from the conscious possession of the petitioner and his name has transpired in this case only on the basis of the confessional statement of the apprehended co-accused Vishnu Kumar, from whose possession the said contraband was

Patna High Court CR. MISC. No.80883 of 2025(2) dt.03-12-2025 2/2 recovered. Moreover, the petitioner is languishing in judicial custody since 29.08.2025.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail and submitted that petitioner is having criminal antecedent of two cases.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Shastri Nagar P.S. Case No. 132 of 2013 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cumSpecial Judge, N.D.P.S. Act/concerned trial Court, with a condition:- (i) that as this case is of the year 2013, the petitioner will co-operate in the trial and shall remain physically present on all dates before the trial court.

7. Accordingly, the application stands allowed. (Ashok Kumar Pandey, J) Jyoti/- U T