Chahat Khan Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29581 of 2025

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Arising Out of PS. Case No.-79 Year-2025 Thana- BUXAR District- Buxar

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======================================================

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Chahat Khan S/o- Hakikat Khan Moh- Azad Nagar Ps- Rabu Pura Jebar Dist- Gautam Budha Nagar U.P, A/P- Shanti Nagar (Chini Mill) Ps- Buxar Town Dist- Buxar

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Seema Devi W/o- Mausam Singh @ Mausam Quaraishi Village- Shanti Nagar Ps- Buxar Town Dist- Buxar

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Zeyaul Hoda, Adv : Mr. Thakur Brajesh Singh, Adv For the Opposite Party/s : Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

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3 25-08-2025

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Heard learned counsel appearing on behalf of the

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petitioners and learned APP appearing on behalf of the State.

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The petitioners seeks bail in connection with Buxar Town P.S. Case No. 79 of 2025 registered for the offences under Sections 8(A) (c) and 21(b) of the N.D.P.S. Act.

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The petitioners are named in the F.I.R. and are in

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custody since 22.02.2025.

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The allegation against the petitioners is to have in possession of contraband i.e., heroine like substance. It is alleged

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that petitioner no. 1 found in possession of 2.89 grams, whereas petitioner no. 2 found in possession of 5.48 grams of heroine.

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Patna High Court CR. MISC. No.29581 of 2025(3) dt.25-08-2025 2/3

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Learned counsel appearing on behalf of the

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petitioners submitted that admittedly recovery from petitioner no. 1 namely Chahat Khan is less than smaller quantity for which maximum extendable sentence is of one year and as such offence alleged to be committed by petitioner no. 1 is bailable in nature. It is pointed out that petitioner no. 1 is a man of clean antecedent, however petitioner no. 2 namely Seema Devi is a lady and and found involved in three more cases, where she is on bail and moreover, the alleged contraband was not found from her physical possession rather from the bed of the aangan from where 32 sachets weighing total of 5.48 grams was recovered. It is pointed out that if the weight of 32 paper sachets be taken into consideration then certainly recovery of actual contraband from the possession of petitioner no. 2 also appears less than 5 grams, which is smaller quantity. It is pointed out that just to aggravate the allegation petitioner no. 2 was shown in possession of intermediate quantity i.e., 5.48 grams including the weight of sachets. While concluding the argument it is submitted that considering the quantity this is not a case, where rigors of Section 37 of the N.D.P.S. Act can be said applicable and moreover, investigation of this case already completed, and as such, there is no chance of tampering with the evidence.

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Patna High Court CR. MISC. No.29581 of 2025(3) dt.25-08-2025 3/3

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Learned APP appearing on behalf of the State,

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opposes the prayer for bail.

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In view of aforesaid factual submission and by taking note of fact as recovered quantity is less than smaller quantity, where both petitioners remains in custody since 22.02.2025, accordingly both above named petitioners, are directed to be released on bail in connection with Buxar Town P.S. Case No. 79 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge N.D.P.S. Act, Buxar/concerned court, subject to the conditions as mentioned under Section 480(3) of the B.N.S.S.

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(Chandra Shekhar Jha, J.)

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S.Tripathi/-

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U T

Chahat Khan v. The State of Bihar

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Chahat Khan v. The State of Bihar

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