Patna High Court – Orders
Bhikhari Sah @ Bhikhari Prasad vs The State Of Bihar on 20 August, 2025
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17367 of 2025
Arising Out of PS. Case No.-106 Year-2012 Thana- CUSTOM (GOVERNMENT
OFFICIAL) District- East Champaran
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Bhikhari Sah @ Bhikhari Prasad Son of Late Kishun Sah Resident of village-
Ucheedhi (Uchidih Dhanhar Dihuli Panchayat) Panchayat- Hanerdevi P.S.-
Palanwa, District- East Champaran
... ... Petitioner
Versus
1. The State of Bihar
2. Union of India Through its office of The Assistant Commissioner of Custom
(Prev) Division Motihari
... ... Opposite Party
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Appearance :
For the Petitioner/s : Mr.Ajay Kumar Singh, Advocate
For the Opposite Party/s : Mr.Vinod Shanker Modi, APP
Mr.Sriram Krishna, Sr.SC (Custom)
Mr.Prabhat Kr. Singh, Advocate
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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
6 20-08-2025
Heard Mr. Ajay Kumar Singh, learned counsel
appearing on behalf of the petitioner and Mr. Sriram Krishna,
learned senior standing counsel appearing on behalf of the
Department of Custom.
2. The accused/petitioner seeks bail in connection
with N.D.P.S. Case No. 88 of 2012 (CIS No. 101/2014)
arising out of C. No. VIII (10) 106/Seiz/Cus/MTH/12-13
registered for the offences under Sections 20(b)(ii)(c), 29,
23(c) and 27(a) of the N.D.P.S. Act.
3. The accused/petitioner is not named in the First
Information Report and is in custody since 07.12.2024.
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4. As per FIR, on police raid, 59.9 kg. of Ganja was
recovered from one Chaff house/hut located in village of
petitioner and during said raid, Bhikhari Sah (petitioner) was
leading the antisocial elements who were throwing stones and
bricks on police party.
5. It is submitted by learned counsel appearing on
behalf of the petitioner that during entire investigation
nothing transpired that Chaff hut in issue from where alleged
contraband/Ganja was said to be recovered, is connected in
any manner with this petitioner and, merely on the basis of
allegation as some unknown villagers were shouting by taking
name of this petitioner to protest the police raid saying that
“Bhikhari Chacha custom walo ko maro” petitioner implicated
with this case.
6. It is submitted that with this much materials, it
cannot be said that petitioner was under culpable mental state
qua possession of contraband/Ganja and, therefore, rigours
of Section 37 of the N.D.P.S. Act is not appears applicable.
7. Learned counsel further pointed out that the
occurrence is of the year 2012, but when police repeatedly
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made attempt to arrest the petitioner, thereafter petitioner on
his own surrendered before the learned trial court on
07.12.2024, and since then he is in custody.
8. It is submitted that at best the allegation may
import the ingredients of preventing police officials from
discharging their duties, but with available allegation,
petitioner cannot be implicated with possession of recovery of
contraband/Ganja.
9. It is submitted that one of the reasons of false
implication is that petitioner was also found involved in one
case of Arms Act, wherein he is on bail. While concluding
argument, investigation of this case is already completed,
charge-sheet has been submitted and as such, there is no
chance of tampering with the evidence.
10. Mr. Sriram Krishna, learned senior standing
counsel appearing for the Department of Custom, could not
disputed the factual submission that Chaff house does not
belongs to this petitioner. It is submitted that on the basis of
best belief, it was said that hut in issue was of this petitioner
and on the basis of best belief, he was prosecuted. In support
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of his submission, paragraph ‘7’ of the counter affidavit has
been referred. Admittedly, the prosecution is based upon best
belief not on reasonable belief and, therefore, prima facie the
present case is not the case as to import rigours of section 37
of the N.D.P.S. Act.
11. In view of aforesaid factual submission and by
taking note of the fact as prima facie place of recovery not
appears connected with this petitioner as per investigation
and counter affidavit, as submitted by the Department of
Custom, which is available on the record, coupled with the
fact that petitioner remains in custody since 07.12.2024,
where investigation of this case is already completed,
accordingly, above-named petitioner is directed to be released
on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand only) with two sureties of the like amount each to
the satisfaction of learned Exclusive Special Judge – 1 st,
N.D.P.S. Act, East Champaran at Motihari, in connection with
N.D.P.S. Case No. 88 of 2012 (CIS No. 101/2014) arising
out of C. No. VIII (10) 106/Seiz/Cus/MTH/12-13, subject to
the condition as laid down under Section 437(3)
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Cr.P.C/Section 480(3) of the Bhartiya Nagarik Suraksha
Sanhita (in short “B.N.S.S.”) with further condition:
(i) That petitioner shall not made any attempt to
delay trial, failing so, the State/informant shall
be at liberty to move before the Trial Court itself
for the cancellation of bail bond of the petitioner,
which shall be decided by trial court itself after
giving opportunity of hearing to the petitioner.
(ii) Accused/Petitioner shall physically present
on each and every date before the Trial Court till
conclusion of the trial and exemption from
physical appearance be allowed by the Trial
Court, only on medical ground of the petitioner
duly supported by the documents.
(Chandra Shekhar Jha, J)
Rajeev/-
U T