The Patna High Court granted bail to the petitioner, an owner of a truck alleged to contain narcotics. The court noted discrepancies regarding the seizure location and noted the petitioner was in Patna when the seizure occurred near Motihari.
Release on bail on furnishing bonds of Rs.10,000/- with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.7218 of 2013
====================================================== Md. Jahangir .... .... Petitioner. Versus The State Of Bihar & Ors. .... .... Opposite Parties. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 6 11-07-2013 Heard learned counsels for the petitioner, Union of India and the State. The petitioner is languishing in custody since 28.11.2012 in a case registered for the offences punishable under Sections 347 and 386/34 of the Indian Penal Code. The case diary of Agam Kuan P.S.Case No. 263 of 2010 was called for on 19.02.2013 and on 10.04.2013, the petitioner was directed to implead the Zonal Director, NCB, Patna, and the Commissioner, Customs, Patna, as opposite party nos. 2 and 3 and serve a copy of the brief upon Mr. D. Surendra, learned Advocate for the Union of India, who was directed to seek instructions in the matter to enable the Court to understand as to what is the role of petitioner in the present case when supplementary case diary was again called for of Special Case No. 46 of 2012, arising out of Agam Kuan P.S. Case No. 263 of 2010 and express reminder
Patna High Court Cr.Misc. No.7218 of 2013 (6) dt.11-07-2013
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was also transmitted on 02.05.2013 through fax to
the Special Judge, Vigilance-II, Patna.
The case diary of only Agam Kuan P.S. Case
No. 263 of 2010 was received before the Court which
was recorded till 05.04.2011. Mr. N.A. Shamsi,
learned counsel for the Union of India appeared
before this Court and submitted that the First
Information Report has been lodged by the State
Police, hence, counsel for the Union of India is
unable to assist this Court.
The petitioner being the owner of alleged
truck lodged the present case on 26.12.2010 alleging
therein that the Custom officials seized the truck
of petitioner and demanded Rs. 1,50,000/- for
release of same and asked the petitioner to come
near Agamkuan hence intimation was given to police
to intercept the Custom officials. Five Custom
personnels were made accused and after
investigation, they were charge sheeted. It appears
that about two years of institution of case and
after submission of charge sheet, the matter was
referred to the Economic Offences Wing to
investigate the case when charge sheet was directed
to be submitted against the petitioner under
Sections 201, 202, 203 of the Indian Penal Code and
20(B), 29/27(A) of the N.D.P.S. Act as one of the
Patna High Court Cr.Misc. No.7218 of 2013 (6) dt.11-07-2013
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conspirators for trafficking Ganja.
It is submitted by learned senior counsel
for the petitioner that in the present case, there
was no seizure of Ganja and since the petitioner
made accusation against the Custom officers, hence,
maliciously the petitioner has been ropped in the
present case when admittedly seizure was made near
Motihari when at the relevant point of time
petitioner was admittedly present at Patna.
Moreover, F.I.R. named accused persons have been
charge sheeted and they have been granted bail vide
Cr. Misc. No.2633 of 2011.
It is submitted by learned counsel for the
State that subsequently the petitioner was found to
be one of the conspirators.
Keeping in view of facts that the seizure of
truck was made at Motihari near Raxaul and at that
point of time the petitioner was at Patna, in the
present case, initially the police did not find any
complicity against the petitioner and submitted
charge sheet only against Custom officials, the case
diary transmitted to Court does not contain any
seizure list and statement made in paragraph no. 16
of the petition that the petitioner has no criminal
antecedent, let the petitioner, above named, be
released on bail on furnishing bail bonds of
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4 / 4
Rs.10,000/-(Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned
Special Judge, Vigilance-II, Patna, in connection
with Special Case No. 46 of 2012, arising out of
Agam Kuan P.S. Case No. 263 of 2010.
U.K./-
(Dinesh Kumar Singh, J)
2 issues framed by the court
Whether the petitioner should be granted bail considering alleged inconsistencies in seizure details.
Whether the petitioner's presence at Patna during a seizure near Motihari negates liability.
3 provisions across 2 enactments
Md. Jahangir
The State Of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court