Mohammad Imran vs The State Of Bihar
2025 Latest Caselaw 2652 Patna

Patna High Court

Mohammad Imran vs The State Of Bihar on 16 June, 2025

Author: Chandra Shekhar Jha

Bench: Chandra Shekhar Jha

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.56413 of 2024
 Arising Out of PS. Case No.-722 Year-2023 Thana- SAHARSA SADAR District- Saharsa
======================================================
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

Date : 16-06-2025

1. Heard learned counsel appearing on behalf

of the parties.

2. The present petition is being filed on behalf

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.

3. Learned counsel for the petitioner

submitted that the seizure list which is the part of the FIR Patna High Court CR. MISC. No.56413 of 2024 dt.16-06-2025

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.

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.

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.

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

6. Let copy of this judgment be sent to

learned trial court forthwith.

(Chandra Shekhar Jha, J)

Sudha/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          18.06.2025
Transmission Date       18.06.2025