Patna High Court
Sambhu Prasad @ Shambhu Prasad @ Sambhu Prasad ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
The court directed that the petitioner not be arrested for two months and ordered the Superintendent of Police to investigate the alleged transfer of the motorcycle before any further action.
Summary
The petitioner, Sambhu Prasad Chaudhary, feared arrest in a Narcotic Drugs and Psychotropic Substances (NDPS) case (Sections 8, 17(b), 18(b)) after police recovered 1.9 kg of amphetamine from his motorcycle. He contended that he had sold the motorcycle to a person named Satyendra and had executed transfer documents, but the registration certificate had not been updated, leading to his alleged harassment. The court examined his claim of innocence and the procedural issue of whether the lack of registration change justified arrest. It directed the petitioner to submit the transfer documents to the Superintendent of Police, who must order further investigation into the ownership transfer. If the transfer is verified, the petitioner will be exonerated; if not, he may be charge‑sheeted. The court also ordered that the petitioner not be arrested for two months pending the investigation.
Issues considered
- Whether the petitioner can be arrested in the NDPS case despite claiming transfer of the motorcycle.
- Whether the failure to update the vehicle registration certificate justifies arrest.
- What procedural steps the police must take to verify the ownership transfer before proceeding with charge‑sheeting.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 17(b), 18(b), 8
Subjects
- NDPS Act
- drug possession
- motorcycle ownership transfer
- arrest
- investigation
- vehicle registration
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63788 of 2025
Arising Out of PS. Case No.-120 Year-2024 Thana- GHORASAHAN District- East
Champaran
======================================================
Sambhu Prasad @ Shambhu Prasad @ Sambhu Prasad Chaudhary S/o Late
Satyanarayan Prasad R/o - Ghorasahan, P.S - Ghorasahan, District - East
Champaran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binod Kumar
Mr. Roop Kishan
For the Opposite Party/s : Mr.Bharat Bhushan
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 24-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Ghorasahan P.S. Case No. 120 of 2024
registered for the offence under Sections 8, 17(b), 18(b) of the
NDPS Act.
3. As per the prosecution case, the recovery is of
1.9 kg of Afim from the motorcycle of the petitioner.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. He further submits that the
petitioner has transferred the motorcycle to one Satyendra and
has executed all the documents but could not get the name
changed in the registration certificated and because of the same,
he is harassed by the police.
5. In view of the aforesaid submission, this
Patna High Court CR. MISC. No.63788 of 2025(4) dt.24-02-2026
2/2
application is disposed of with liberty to the petitioner to
approach the Superintendent of Police, East Champaran with a
representation annexing the documents of transfer and
thereafter, the Superintendent of Police, East Champaran will
direct the I.O. to carry further investigation with regard to the
fact that whether the steps for transferring the ownership of the
motorcycle has been taken by the petitioner or not. If it is found
that the petitioner has taken all the necessary steps to transfer
the ownership of the motorcycle then the police will exonerate
the petitioner and in case the transfer is found to be false then
the petitioner may be charge-sheeted by the police.
6. The aforesaid exercise must be done within two
months from today and for the next two months the petitioner
shall not be arrested in connection with Ghorasahan P.S. Case
No. 120 of 2024.
7. Let a copy of this order be communicated to the
Superintendent of Police, East Champaran through FAX for its
compliance.
(Sandeep Kumar, J)
Vikas/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.