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Patna High Court - Orders

Vidyasagar Mahto vs The State Of Bihar on 6 August, 2025

Author: Sandeep Kumar

Bench: Sandeep Kumar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                            CRIMINAL MISCELLANEOUS No.27123 of 2025
                    Arising Out of PS. Case No.-52 Year-2025 Thana- HARLAKHI District- Madhubani
                 ======================================================
           1.     Vidyasagar Mahto S/o Manoj Kumar Mahto R/O- Village- Phulgama,
                  Nagrain, Ward no.- 3, (Wrongly mentioned Village Nagarain in the F.I.R.),
                  P.S.- Phulgama, District- Dhanusha (Nepal).
           2.    Ram Uddar Raut S/o Ram Rijhan Raut R/O- Village- Phulgama, Magrain,
                 Ward no.- 4, (Wrongly mentioned Village Nagarain in the F.I.R.), P.S.-
                 Phulgama, District- Dhanusha (Nepal).

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                                                        with
                            CRIMINAL MISCELLANEOUS No. 27436 of 2025
                    Arising Out of PS. Case No.-52 Year-2025 Thana- HARLAKHI District- Madhubani
                 ======================================================
                 Virendra Kumar Sah @ Birender Son of Paltu Sah R/o - Nagrain, P.S - Jatahi,
                 District - Dhanusha, Nepal

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    The Union of India, NDPS, Act, New Delhi bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 27123 of 2025)
                 For the Petitioner/s     : Mr. Ravi Prakash
                 For the U.O.I.           : Mr. Arvind Kumar, C.G.C.
                 (In CRIMINAL MISCELLANEOUS No. 27436 of 2025)
                 For the Petitioner/s     : Mr. Ashok Kumar
                 For the Opposite Party/s : Mr. Mohammad Sufyan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   06-08-2025

Both these cases arises out of the same P.S. i.e. Harlakhi P.S. Case No. 52 of 2025. Hence they are heard together and being disposed of by the common order. Patna High Court CR. MISC. No.27123 of 2025(3) dt.06-08-2025 2/3

2. Heard the parties.

3. No instructions has been received by Mr. Arvind Kumar, C.G.C. despite letters have been written to S.S.B. The I.G., S.S.B. is directed to cooperate with his counsel so that the disposal of the cases in the High Court is not delayed.

4. The petitioners seek regular bail in connection with Harlakhi P.S. Case No. 52 of 2025, registered for the offence under Sections 20/22 of the N.D.P.S. Act.

5. As per prosecution case, a shop in Madhubani was raided and following recovery was made:

"i. Triprolidine Hydrochloride codeine phosphate cough syrup (100 ml) 16 nos ii.Codeine phosphate & tripgrolidine hydrochloride cough syrup (100 ml) 42 nos iii. Nitrazepam tablet ip-10 mg- 133 nos tab iv. Spasmo Proxyvon plus capsule 488 nos cap v. Nitrazepam tablet ip-10 mg- 15 nos tab vi. Nitrazepam tablet ip-10 mg(1- pam 10) 370 nos tab.
vii. redmi 10 mobile -01 no viii. redmi 10 prime mobile -01 no ix. Moto g mobile 01 no x. Nepali currency 500 3 1500 100 6 600 Patna High Court CR. MISC. No.27123 of 2025(3) dt.06-08-2025 3/3 xi. Bajaj Pulsar 220 F (reg. no. Pradesh 202002 1541)

6. Learned counsel for the petitioners submits that the Nepali citizens were caught there and they have said that they had come to purchase the aforesaid narcotic substance for carrying them to Nepal. It appears that the petitioners are involved in the illegal business of Narcotics. They are in jail since 06.03.2025.

7. Learned A.P.P. has vehemently opposed the prayer for bail.

8. Considering the nature of allegation against the petitioners, this Court is not inclined to grant bail to the petitioner.

9. Accordingly, this application for regular bail is dismissed.

10. The S.S.B. Madhubani is directed to produce all the witnesses during the trial.

11. Let a copy of this order be sent to the I.G., S.S.B., Patna through FAX for its compliance.

(Sandeep Kumar, J) Ranjeet/-

U       T