Dismissed¶5

Mohammad Imran v. The State of Bihar

Patna HC16 Jun 2025CR. MISC./56413/2024

Case brief

AI extract

What is this about?

Quashing of FIR; Saharsa Sadar P.S. Case No. 722 of 2023; FIR dated 12.10.2023; Section 30(a) Bihar Excise and Prohibition (Amendment) Act, 2022; Sections 46/47 Jail Manual Act, 1894; NDPS Act; 115 grams Ganja; 159 grams prohibited tablets; possession of narcotics inside jail premises; data entry operator; seizure list not supported by CCTV footage; false implication; Patna High Court; CRIMINAL MISCELLANEOUS No.56413 of 2024; Chandra Shekhar Jha; dismissed; 16-06-2025.

What did the court decide?

Taking note that the petitioner was found prima facie in possession of narcotics drugs and prohibited tablets inside the jail where he works as a data entry operator, the Court weighed the factual submissions. ¶5

Mohammad Imran Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.56413 of 2024

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Arising Out of PS. Case No.-722 Year-2023 Thana- SAHARSA SADAR District- Saharsa

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

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Mohammad Imran Son Of Mohammad Islam Resident Of Village- Belhi, P.O.- Rauta, P.S.- Kumarkhand, Distt.- Madhepura

... ... Petitioner/s

Versus

The State of Bihar

. ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Satish Kumar, Adv. For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL JUDGMENT

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Date : 16-06-2025

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1. Heard learned counsel appearing on behalf of the parties.

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2. The present petition is being filed on behalf

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of the petitioner for quashing of FIR dated 12.10.2023 in Saharsa Sadar P.S. Case No. 722 of 2023 registered for the offences punishable under Section 30(a) of the Bihar Excise and Prohibition(Amendment) Act, 2022 and 46/47 of the Jail Manual Act, 1894.

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3. Learned counsel for the petitioner

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submitted that the seizure list which is the part of the FIR

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Patna High Court CR. MISC. No.56413 of 2024 dt.16-06-2025 2/3

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is not supported by CCTV footage. It is submitted that after checking on person, petitioner allowed to entered into the jail premises, where he works as data entry operator and therefore, false implication out of ulterior and oblique motive cannot be denied. It is submitted that FIR was not lodged under provision of NDPS Act.

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4. Learned APP appearing on behalf of the State submitted that the petitioner apprehended in jail with 115 grams of Ganja along with 159 grams of tablet of prohibited drugs. It is submitted that the photograph annexed with FIR itself approved the allegations on its face. It is submitted that fault in investigation cannot be looked into at this stage.

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5. Considering aforesaid factual submissions and by taking note of fact as petitioner found prima-facie in possession of narcotics drugs and also prohibited tablets inside jail, where he works as data entry operators the present quashing petition appears devoid of any merit, accordingly, same stands dismissed.

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Patna High Court CR. MISC. No.56413 of 2024 dt.16-06-2025 3/3

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6. Let copy of this judgment be sent to

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learned trial court forthwith.

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(Chandra Shekhar Jha, J)

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Sudha/-

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